9911796707
|
Home
Issues:
- Compliance with conditions of Notification No. 279/83-Cus. - Time-barring of the demand for duty - Excessive redemption fine and penalty imposition Compliance with conditions of Notification No. 279/83-Cus.: The appeal was filed against an Adjudication Order confirming duty, imposing penalties, and ordering confiscation of imported goods under Notification No. 279/83. The Appellant imported a Hitachi CAT Scan Machine and claimed benefits under the notification. The Appellant argued they provided free treatment as required by the notification, supported by a recommendation from the Government of Kerala. However, the Commissioner found the Appellant failed to fulfill conditions, specifically regarding free treatment to indoor patients and reserved beds. The Adjudicating Authority concurred, emphasizing the continuous obligation to meet these conditions. Citing precedents like Mediwell Hospital, the Commissioner enforced duty realization due to non-compliance, rejecting the Appellant's arguments. The Tribunal upheld the decision, emphasizing the necessity to achieve the specified free treatment percentages and bed reservations. Time-barring of the demand for duty: The Appellant contested the time-barring of the duty demand, stating the notice was issued beyond the 5-year limit under Section 28(1) of the Customs Act. However, the Respondent argued that the obligation to provide free treatment created a continuing duty, citing legal precedents like Jagdish Cancer & Research Centre. These cases highlighted the ongoing obligation on importers to fulfill conditions even after importation. The Tribunal agreed with the Respondent, rejecting the Appellant's time-bar argument based on the continuing nature of the obligation. Excessive redemption fine and penalty imposition: The Appellant raised concerns about the redemption fine and penalty imposed, deeming them excessive and disproportionate. Despite the duty benefit exceeding Rs. 1.15 crores, a penalty of Rs. 25,000 and a redemption fine of Rs. 1 lakh were imposed. The Tribunal found these amounts justified, considering the substantial duty benefit availed by the Appellant. The Tribunal deemed the penalty and fine reasonable given the magnitude of the customs duty exemption obtained. Consequently, the Appellant's appeal challenging the redemption fine and penalty imposition was dismissed by the Tribunal. ---
|
