2007 (4) TMI 16 - AT - Customs

EXIM Department alleged that assessee were non-compliance with the condition of Notification 158/95-Cus and accordingly demanded full duty on the re-imported good Commissioner directed the appellant to submit the balance of excise duty within reasonable time

Summary

Issues:
1. Assessment under Customs Notification No. 158/95 and alternative claim under Notification No. 94/96-Cus.
2. Export made under DEPB Scheme and realization of foreign exchange.
3. Demand for Customs duty and interest charged.
4. Applicability of Section 47 of the Customs Act for levying interest on excise duty.

Analysis:
1. The appeal involved the assessment of a consignment of cotton fabrics exported under a Shipping Bill filed under the DEPB Scheme. The dispute arose when the Department demanded full duty on the re-imported goods due to non-compliance with Customs Notification No. 158/95. The appellant raised an alternative claim under Notification No. 94/96-Cus, specifically under Sl. No. 1(d) of the table annexed to the Notification, which allowed exemption of certain customs duties based on the Central Excise duty paid. The original authority regularized the assessment under Notification No. 94/96-Cus, demanding a specific amount of Customs duty.

2. The Tribunal considered whether the export was made under the DEPB Scheme, despite the non-collection of sale proceeds leading to no realization of foreign exchange. It was determined that the export should be considered under the DEPB Scheme, attracting the provisions of Sl. No. 2A of Notification No. 94/96-Cus. This provision required the importer to pay Central Excise duty leviable at the time and place of importation of goods, along with the amount of drawback of excise duties allowed at the time of exports.

3. The lower authorities had demanded interest on the Customs duty amount, but the Tribunal noted that the provision cited for levying interest was under Section 47 of the Customs Act, which pertains to interest on duty of customs, not on excise duty. As the amount in question was a duty of excise, no interest could be charged under the Customs Act. The appeal was disposed of with a direction for the appellant to pay the balance excise duty without interest within a reasonable period, modifying the impugned order accordingly.

4. The judgment clarified the applicability of legal provisions concerning Customs duty, Central Excise duty, and interest charges, ensuring a fair and accurate resolution of the dispute in line with the relevant Customs and Excise laws and Notifications.