2004 (6) TMI 427 - AT - Customs

Summary

Issues:
1. Eligibility of exemption under Notification 27/95-C.E. dated 16-3-95.
2. Eligibility of exemption under Notification 85/95 dated 18-5-95.
3. Consideration of time-bar issue.
4. Applicability of CVD exemption based on power usage.

Eligibility of exemption under Notification 27/95-C.E. dated 16-3-95:
The appellants imported goods assessed under Heading 5505.10 with a specific duty rate. However, it was later discovered that the exemption under Notification 27/95-C.E. was not applicable due to the deletion of Entry No. 20(1)(c) by Notification 95/95-C.E. dated 26-5-95. The Tribunal observed that the benefit of the earlier notification was not available post the amendment. The appellants' claim under Notification 85/95 was also considered.

Eligibility of exemption under Notification 85/95 dated 18-5-95:
The Tribunal analyzed the conditions of Notification 85/95, which exempted waste of man-made staple fibers and filament yarns. The lower authority's reliance on a previous case was found inapplicable to the current situation. The Tribunal noted that the condition in the notification could be satisfied based on the interpretation of the proviso clause. It was emphasized that the burden of proof should be on the department to show that the factory where the goods originated was excluded from the notification's benefit.

Consideration of time-bar issue:
The matter was partially remitted to the original authority to assess the time-bar issue for one Bill of Entry (BE). Consequently, the appeal was also remitted to reevaluate the eligibility under the alternate notification.

Applicability of CVD exemption based on power usage:
Instructions from the Board regarding the applicability of CVD exemption based on power usage were highlighted. The Tribunal referred to previous decisions and instructions, indicating that the importer should be given an opportunity to produce a certificate confirming compliance with pre-import conditions. The matter was to be remanded back for further consideration based on these guidelines.

In conclusion, the Tribunal allowed the appeal, remanding the case to the original authority after setting aside the previous order, considering various legal interpretations and instructions provided by the Board regarding exemptions and conditions for duty benefits.