2005 (1) TMI 462 - AT - Customs

Summary

Issues:
1. Denial of benefit of Notification No. 26/2000-Cus to the appellant.

Analysis:
The appellant filed an appeal against the Order-in-Appeal passed by the Commissioner (Appeals) denying the benefit of Notification No. 26/2000-Cus. The appellant imported Copper Rectangular Strip of Sri Lankan origin and claimed the benefit of the said notification. However, the benefit was denied based on Circular No. 73/2003-Cus issued by the Central Board of Excise & Customs, which prohibited the import of copper strips and profiles of Sri Lankan origin under the notification. The appellant argued that the notification provided a 'Nil' rate of Customs duty based on a certificate of origin issued by the Deptt. of Commerce under the Indo-Sri Lanka Free Trade Agreement. The appellant contended that the notification was not rescinded, and the circular only highlighted concerns over the surge in copper imports from Sri Lanka impacting the domestic industry. The appellant maintained that there was no specific prohibition for the import of goods of Sri Lankan origin under the notification, thus challenging the denial of the benefit.

Upon examination, it was found that the benefit of Notification No. 26/2000-Cus was indeed denied to the appellant. The notification exempted specified goods from Customs Duty if the importer proved to the satisfaction of the Customs authorities that the goods were of Sri Lankan origin. At the time of import by the appellant, the notification was in force. The Deptt. of Revenue issued a circular addressing the surge in copper imports from Sri Lanka and its impact on the domestic industry. However, as the Revenue failed to demonstrate that the notification was rescinded or that there was a specific prohibition on the import of the goods in question, the order denying the benefit was set aside, and the appeal was allowed. The tribunal emphasized the lack of evidence supporting the prohibition of import under the notification, leading to the reversal of the decision.

This detailed analysis of the judgment highlights the key arguments presented by the appellant, the basis of denial of the benefit of the notification, and the tribunal's reasoning for setting aside the order and allowing the appeal. The judgment underscores the importance of providing concrete evidence to support decisions related to the denial of benefits or exemptions under relevant notifications and agreements.