2006 (12) TMI 379 - AT - Customs

Summary

Issues:
1. Interpretation of exemption Notification No. 282/84-Cus. and Notification No. 70/81-Cus.
2. Entitlement to duty-free import based on NMI Certificate.
3. Consideration of Research & Development purpose for imported items.
4. Unjust enrichment in duty-free import cases.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Kolkata was against the order-in-appeal passed by the Commissioner of Customs (Appeals), Kolkata. The appellant had imported SCU & Disc Unit for a computer system for Research & Development Centre, Ranchi, claiming exemption under Notification No. 282/84-Cus. The Commissioner (Appeals) rejected the refund claim, citing ineligibility under Notification No. 70/81-Cus. The Tribunal observed the history of the case, noting a previous remand by CEGAT for document examination.

The appellant contended that they were entitled to exemption based on the NMI Certificate issued by the Department of Electronics. The Revenue's representative highlighted confusion between the applicable notifications and suggested a remand for reevaluation. The Tribunal meticulously reviewed the documents, including the NMI Certificate, and the Bill of Entry. It found the NMI Certificate dated 28-7-87 supported duty-free import under Notification 282/84-Customs.

After nearly eighteen years from the import date, the Tribunal deemed a remand unnecessary for justice. It concluded that the imported computer peripherals for the Research and Development Centre, under the NMI Certificate, qualified for duty-free import. Notably, as the goods were for research purposes, the issue of unjust enrichment did not arise. Consequently, the Tribunal allowed the appeal, setting aside the impugned order and granting consequential relief to the appellants.