2008 (12) TMI 489 - AT - Customs

Summary

Issues:
1. Demand of customs duty, interest, and penalties for failure to fulfill conditions of exemption.
2. Confiscation of inputs and imposition of fines.
3. Non-production of Export Obligation Discharge Certificate (EODC) for licenses.
4. Appeal against the impugned order before the Tribunal.
5. Submission of fulfilling export obligation and pending EODCs.
6. Competency of the licensing authority for EODC applications.
7. Remand of the matter for re-adjudication.

Analysis:

1. The impugned order by the Commissioner demanded customs duty, interest, and penalties from the appellants for not meeting the conditions of exemption under Notifications No. 204/92-Cus. and No. 149/95-Cus. Inputs worth Rs. 38,16,898/- were liable to confiscation under Section 111(o) of the Customs Act, 1962. Penalties were imposed under Section 114A and Section 112(a) of the Act due to non-compliance with export obligations.

2. The Commissioner ordered a fine of Rs. five lakhs for the confiscated inputs and imposed penalties totaling Rs. 23,37,321/- on the appellants. The impugned order found that the appellants disposed of inputs contrary to the provisions of the notifications, rendering the exemption inadmissible.

3. The impugned order highlighted that the appellants failed to obtain and produce Export Obligation Discharge Certificates (EODCs) for all eight licenses. The export obligation period had expired for five licenses between November 1994 and December 1997, and for the remaining three licenses in February-March 1998. The appellants could not prove eligibility for discharge certificates under the regularization scheme.

4. The appeal before the Tribunal presented the appellants' claim of fulfilling export obligations for five licenses before 6-4-99 and pending EODCs for the remaining three licenses. The Tribunal heard both sides, with the appellants emphasizing their compliance and the pending EODCs.

5. After considering the submissions, the Tribunal found the impugned order unsustainable for licenses with issued discharge certificates. For the remaining licenses, the matter was remanded to the Commissioner to allow the appellants to obtain EODCs from the DGFT. The licensing authority was identified as competent for EODC applications, and the appellants were granted the right to be heard during re-adjudication.

6. The Tribunal's decision on 17-12-2008 set aside the impugned order and allowed the appeal by remanding the matter for re-adjudication, emphasizing the importance of the appellants' participation in the process.