2006 (11) TMI 44 - AT - Customs

Import Re-import Export good re-imported for removing defects and it cleared earlier without payment of duty Before re-export it is cancelled and due to this it fall under Notification No. 158/95-Cus Revenue allowed to adjust amount of excise duty payable

Summary

Issues:
1. Interpretation of Notification No. 94/96 and Notification No. 158/95 regarding re-importation of goods.
2. Applicability of excise duty on re-imported goods.
3. Assessment of duty liability in the case of cancellation of export order.

Analysis:
The case involved the export of goods under bond to Germany by the appellant manufacturer, followed by the re-importation of the same goods due to defects. The appellant sought to clear the goods for domestic consumption after the cancellation of the export order, leading to a dispute regarding the duty liability on the re-imported goods. The primary issue revolved around the interpretation of Notification No. 94/96 and Notification No. 158/95 concerning re-importation scenarios. The Tribunal emphasized that the choice of notification was not discretionary but dependent on the specific circumstances, with Notification No. 158/95 applicable to re-importation for export and Notification No. 94/96 applicable to re-importation for sale in India.

The Tribunal highlighted that the appellant's goods, originally exported under bond, were of Indian manufacture and, upon re-importation, were subject to duty as per Notification No. 94/96, which specifies duty payment based on the excise duty not paid. The lower authorities' contention that the appellant's initial choice of Notification No. 158/95 bound them was deemed incorrect. The judgment clarified that tax liability is determined by the law, not by choice, and the appellant's situation shifted from the purview of one notification to another due to the cancellation of the export order, necessitating assessment under Notification No. 94/96.

Furthermore, it was noted that the appellant had already paid full customs duty, indicating compliance with the relevant duty obligations. Consequently, the Tribunal allowed the appeal, directing the Revenue to adjust the excise duty payable from the duty already paid and refund the excess amount to the appellant promptly. The judgment underscored the legal framework governing duty liability in cases of re-importation and the significance of aligning duty assessment with the specific provisions of relevant notifications to ensure fair and accurate taxation outcomes.