2003 (2) TMI 369 - AT - Customs

Summary

Issues Involved:
1. Whether the demand for customs duty is time-barred.
2. Whether the appellants were eligible for the exemption under Notification No. 64/88-Cus.
3. Compliance with post-importation conditions of Notification No. 64/88-Cus.
4. Legality of the transfer and use of imported medical equipment by the Society.
5. Adherence to the requirement of providing free treatment to a specified percentage of patients.

Detailed Analysis:

1. Whether the demand for customs duty is time-barred:
The case was initially remanded by CEGAT to the jurisdictional Commissioner for de novo consideration. The third Member, after reviewing all facts and case laws, determined that the demand was not time-barred. This decision was upheld, and the matter was sent back to the original authority to decide on the merits.

2. Whether the appellants were eligible for the exemption under Notification No. 64/88-Cus:
The eligibility of the Society to claim the exemption under Notification No. 64/88-Cus was questioned. The Society imported medical equipment under this notification, which required them to provide free treatment to a certain percentage of patients. The equipment was used to treat 100% of patients free of charge, but the Society failed to produce documentary evidence in the prescribed form. The Tribunal found that the notification did not specify a particular form for maintaining records of free treatment and that the case sheets provided by the Society could have been verified by the Department.

3. Compliance with post-importation conditions of Notification No. 64/88-Cus:
The Department alleged that the Society did not meet the post-importation conditions, including:
- Unauthorized removal and installation of medical equipment at Manav Charitable Hospital (MCH) without permission from Customs officers.
- Failure to provide evidence of treating at least 40% of outpatients and all inpatients from low-income families free of charge.
- Unauthorized use of medical equipment at MCH.

The Tribunal noted that the equipment was used to treat patients free of charge and that the records of such treatments were available but not considered by the adjudicator. The Tribunal emphasized that the notification allowed for the treatment of patients without specifying that the equipment must be used only on the importer's premises.

4. Legality of the transfer and use of imported medical equipment by the Society:
The Tribunal found no gross misuse of the notification when the equipment was used at MCH, adjacent to the Society's premises, especially since the patients at MCH also received free treatment. The Tribunal did not find any requirement for Customs permission to shift the equipment to MCH and concluded that the case sheets provided evidence of 100% free treatment.

5. Adherence to the requirement of providing free treatment to a specified percentage of patients:
The Tribunal referred to the Supreme Court's directive in the Mediwell Hospital case, which emphasized the importance of ensuring that the objective of providing free treatment to a specified percentage of patients was achieved. The Tribunal found that the Commissioner failed to enforce this obligation and did not take coercive steps to ensure compliance. The Tribunal criticized the Commissioner for issuing the order in a mechanical and pre-determined manner without considering the Tribunal's remand directions and the Supreme Court's directive.

Conclusion:
The Tribunal set aside the Commissioner's order and remanded the matter for de novo adjudication, emphasizing the need to verify the records of free treatment and ensure compliance with the notification's conditions. The Tribunal stressed that the objective of providing free treatment must be achieved, and only in cases of absolute failure should duty demands be imposed.