2003 (9) TMI 573 - AT - Customs

Summary

Issues:
1. Validity of the addendum issued by the Commissioner (Appeals) after passing the order on appeal.
2. Claim for reduction in the value of the impugned vessel based on its features.
3. Requirement of pre-deposit of the amount of the differential duty.

Analysis:

1. The judgment addresses the issue of the addendum issued by the Commissioner (Appeals) after passing the order on appeal. The Tribunal notes that once the Commissioner (Appeals) passes an order on an appeal under Section 128A of the Customs Act, 1962, he loses jurisdiction over the case unless remanded by a higher appellate body. The Tribunal highlights that the Commissioner (Appeals) lacks the authority to change his own order through an addendum, as per the provisions of the Customs Act. Consequently, the Tribunal stays the operation of the addendum, ruling it as unauthorized.

2. The judgment discusses the claim for reduction in the value of the impugned vessel based on its features. The Tribunal observes that the vessel was purchased on an "as is where is" basis at a specified price. It further notes that the claim for a reduced value due to the vessel having a double bottom is not acceptable, especially as the Memorandum of Agreement (MOA) did not provide a basis for altering the value based on the vessel's structure. The Tribunal concludes that the claim for reduction in value is not substantiated.

3. Lastly, the judgment addresses the requirement of pre-deposit of the amount of the differential duty. The Tribunal finds that the appellants failed to establish a case for waiving the pre-deposit of the differential duty. Therefore, the Tribunal directs the appellants to pre-deposit the specified amount within a stipulated period and report compliance by a specified date. This decision emphasizes the importance of complying with duty obligations pending the final resolution of the case.

In conclusion, the judgment provides a detailed analysis of the issues related to the addendum issued by the Commissioner (Appeals), the claim for reduction in the vessel's value, and the pre-deposit requirement, ensuring clarity on legal provisions and procedural requirements in customs matters.