2007 (7) TMI 471 - AT - Customs

Summary

Issues:
1. Import of wastepaper without claiming exemption.
2. Rejection of refund claims based on non-compliance with Customs rules.
3. Validity of registration certificate and compliance with Customs rules.
4. Obligation to give intimation and maintain accounts as per Customs rules.
5. Remand of the case for verification of compliance with Customs rules.

Analysis:
1. The appellants imported wastepaper without claiming the benefit of Customs Notification No. 12/97, which provided an exemption from Special Customs Duty for paper waste imported for paper and paperboard manufacturing. The original authority rejected some refund claims as time-barred and others on merits due to non-compliance with Customs rules.

2. The appellate authority found that the appellants obtained a registration certificate on 15-9-98, valid for imports made during July - September 1998. The Commissioner (Appeals) rejected refund claims for imports before 15-9-98, citing lack of registration certificate. However, the Tribunal held that the registration condition was fulfilled for all relevant refund claims, and compliance with Customs rules should be considered for all imports.

3. The Tribunal emphasized that the appellants fulfilled the registration-related condition for the entire import period, indicating compliance with relevant Customs rules. The case was remanded to verify compliance with Rule 7, which required intimation to Central Excise authorities and maintenance of import-related accounts. The Tribunal noted that the appellants had necessary records and intimated the Range Officer, directing the original authority to verify compliance with Rule 7 for all imports.

4. Consequently, the Tribunal set aside the lower appellate authority's decision on refund claims for pre-15-9-98 imports and remanded the case for fresh adjudication based on compliance with Rule 7. The original authority was instructed to dispose of the refund claims within three months from the date of the Tribunal's order, allowing potential refund of Special Customs duty paid on the goods covered by the imports, subject to verification of compliance with Customs rules.