2005 (12) TMI 384 - AT - Customs

Summary

Issues:
1. Interpretation of Notification No. 32/97 and Notification No. 34/97 regarding duty exemption.
2. Eligibility of importer for double benefit under DEPB Scheme and Notification No. 32/97.
3. Pre-deposit of duty under Section 129E of the Customs Act.

Analysis:

1. The case involved a dispute regarding the duty demanded from the appellants for 'unit soles' imported by them and cleared under two Bills of entry. The appellants claimed the benefit of Notification No. 32/97 after availing DEPB benefit under Notification No. 34/97. The contention was whether the conditions of Notification 32/97 were fulfilled, irrespective of availing DEPB benefit. The Revenue argued that the importer could not claim both benefits for the same goods. The Tribunal held that the assessee could claim only one benefit and directed the assessee to deposit 50% of the duty demanded in the interest of Revenue under Section 129E of the Customs Act.

2. The Ld. Commissioner (Appeals) dismissed the appeal due to the lack of pre-deposit of duty without examining the merits of the case or offering an opportunity to be heard. The Tribunal found this approach flawed and directed the appellants to pre-deposit a certain amount of duty to enable a review of the appeals on merits. The impugned order was set aside, and the appeals were remanded to the Commissioner (Appeals) with the condition that the appellants must pre-deposit 50% of the duty demanded within four weeks for further proceedings.

3. The judgment emphasized the importance of complying with the pre-deposit requirement under Section 129E of the Customs Act for the proper adjudication of appeals. The Tribunal's decision highlighted the procedural aspect of pre-deposit as a prerequisite for the appellate authority to consider the merits of the case. The timeline for making the pre-deposit and reporting compliance to the lower appellate authority was specified, ensuring a structured and timely resolution of the appeals.

In conclusion, the judgment addressed the issues of duty exemption eligibility, double benefit under different schemes, and the procedural requirement of pre-deposit under the Customs Act, providing clarity on the legal obligations and processes to be followed in such cases.