2006 (8) TMI 73 - AT - Customs

Demand(Customs) The goods(moulds) were re-exported - Excess mould were re-exported then the permissible Export obligation were fulfilled by him So demand of duty and penalty were set aside

Summary

Issues:
1. Duty demand and penalty imposed on imported injection moulds.
2. Contention regarding export obligation fulfillment and re-export of moulds.
3. Applicability of duty and penalty in case of fulfilled export obligations.
4. Rulings cited in support of the contention.

Analysis:
1. The appeal arose from an Order-in-Original imposing duty demand and penalty on three imported injection moulds. The appellants imported 13 moulds for manufacturing goods for export, out of which 10 were exported as per Notification No. 32/97-Cus. They obtained an extension to re-export the remaining three moulds due to further export orders. The Commissioner granted time, but later imposed duty and penalty as the three moulds were not re-exported within the stipulated time despite being used for manufacturing goods for export.

2. The learned Counsel argued that duty and penalty should not be imposed when export obligations are fulfilled. Citing various rulings, including Meirs Pharma (India) Pvt. Ltd. v. Commissioner of Customs, Chennai, it was contended that penalties are not warranted if sincere efforts were made to fulfill export obligations, and no deliberate attempt was made to misuse exemptions.

3. The Tribunal found that all 13 moulds were used for manufacturing goods and the export obligation was fulfilled, with 10 moulds re-exported. The appellants retained the three moulds temporarily due to additional export orders, which were later re-exported. Despite the delay in re-export, the Tribunal held that duty confirmation and penalty imposition were not justified as per the cited judgments. The impugned order was set aside, and the appeal was allowed.

4. The ruling highlighted the importance of fulfilling export obligations and the non-applicability of duty and penalty in such cases. Citing precedents like Intelecom Ltd. v. Commissioner of Customs (Import), ACC, Mumbai, the Tribunal emphasized that penalties should not be imposed when export obligations are met, even if there are delays in re-exporting goods. The decision provided consequential relief to the appellants based on the principles established in the cited judgments.