2006 (1) TMI 420 - AT - Customs

Summary

Issues:
1. Interpretation of Customs Notification No. 94/96 regarding exemption of duties on re-importation
2. Application of Notification No. 23/2002 for exemption from Special Additional Duty (SAD)
3. Dispute over the levy of Central Excise Duty and Additional Duty of Customs
4. Revenue's appeal against the Commissioner (Appeals) order

Analysis:

1. The case involves the export and subsequent re-importation of machinery for exhibition purposes under Bond by the respondents. The dispute arose over the assessment of Central Excise Duty and Special Additional Duty (SAD) on re-importation, with the respondents seeking the benefit of Customs Notification No. 94/96. The Commissioner (Appeals) ruled in favor of the respondents, stating that the goods should have been cleared under a transit bond without payment of Central Excise Duty, leading to the exemption from SAD under Notification No. 23/2002.

2. The Revenue challenged the Commissioner's order, arguing that the goods fell under a specific category in Notification No. 94/96, requiring the payment of Central Value Duty (CVD) and SAD on re-importation. However, the Tribunal noted that the goods were exempted from Basic Customs Duty and Additional Duty of Customs under Notification No. 94/96. The Tribunal emphasized that Notification No. 23/2002 provided exemption from SAD for goods exempted from Basic Customs Duty and Additional Duty of Customs, which applied in the present case.

3. The Tribunal clarified the distinction between Central Excise Duty and Additional Duty of Customs (CVD), highlighting that the goods were exempted from the latter under Notification No. 94/96. The Tribunal rejected the Revenue's contention equating Central Excise Duty with CVD, emphasizing that the goods were exempted from payment of Additional Duty of Customs, thereby entitling them to exemption from SAD under Notification No. 23/2002. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the exemption from SAD for the impugned goods.

4. In conclusion, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing the correct interpretation of the relevant Customs Notifications in granting exemption from SAD on re-importation. The judgment clarified the applicability of different duties and exemptions under the relevant Notifications, providing a comprehensive analysis of the legal issues involved in the case.