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2009 (11) TMI 745 - AT - CustomsViolation of import conditions - The case of the Revenue is that during the material period the appellants received non-duty paid bunkers for fishing trawlers which were deployed as chase boats/guard vessels in connection with mineral oil extraction or production. These vessels were on coastal run using the duty free bunkers and plied in the EEZ where the provisions of Customs Act operated in terms of the N/N. 21/2002. Such use of imported HSD was exempt from payment of customs duty only if the DGHC had issued Essentiality Certificate in respect of such fuel. The appellants had not obtained such Essentiality Certificate - Held that - The fuel supply for vessels in connection with offshore oil exploration is exempt by N/N. 21/2002-Cus. dated 1-3-02. Vide Sl. No. 214 216 and 217 of this notification goods supplied in connection with petroleum operations undertaken under various contracts are exempt from customs duty. The Commissioner found that the fishing trawlers had received bunkers and failed to follow the procedure prescribed in Public Notice No. 172/2002 by their not reporting to the authorities at Visakhapatnam and renewing the fishing passes. The offending transactions took place at Visakhapatnam Port. These vessels had not reported the balance quantity of duty free bunkers that remained onboard the vessels when they called at the Visakhapatnam Port. Therefore Commissioner Visakhatpanm had jurisdiction to decide the dispute. The offence found against the appellants is that it imported HSD and consumed on coastal run without following any statutory formalities. The appellants did not subject itself to the jurisdiction of the customs as regards the impugned bunkers as prescribed in the Public Notice issued by the Commissioner of Customs. HSD imported was consumed in plying chase boats without fulfilling the conditions for any exemption. Matter remanded to the adjudicating authority to readjudicate the issue - appeal allowed by way of remand.
Issues Involved:
1. Demand of customs duty on imported HSD oil. 2. Confiscation of HSD oil. 3. Imposition of redemption fine and penalties on SSCL. 4. Imposition of penalty on the Managing Director of SSCL. 5. Jurisdiction of the Commissioner of Customs, Visakhapatnam. 6. Eligibility for exemption under Notification No. 21/2002-Cus. 7. Compliance with procedural requirements. Detailed Analysis: 1. Demand of Customs Duty on Imported HSD Oil: The Tribunal considered the demand of Rs. 29,43,805/- towards customs duty on 322.985 MTs of HSD oil imported by SSCL. It was found that SSCL received duty-free bunkers for fishing trawlers, which were later used as chase boats/guard vessels in mineral oil exploration/production activities within the EEZ. The Tribunal upheld that the EEZ is part of Indian territory where the Customs Act applies, and thus, the fuel used in these operations was subject to customs duty. 2. Confiscation of HSD Oil: The Commissioner confiscated 376 KL (322.985 MTs) of HSD received by SSCL as mid-sea bunkers because the fuel was used for purposes other than fishing, violating Section 111(a) & (d) of the Customs Act. The Tribunal found that SSCL manipulated records and used fake bills to show the bunkers as indigenous fuel, thus evading customs duty. 3. Imposition of Redemption Fine and Penalties on SSCL: A redemption fine of Rs. 9 lakhs and a penalty equal to the duty amount (Rs. 29,43,805/-) were imposed on SSCL under Section 114A of the Customs Act. The Tribunal noted that SSCL failed to follow the prescribed procedures and manipulated documents to evade duty, justifying the penalties. 4. Imposition of Penalty on the Managing Director of SSCL: A penalty of Rs. 2 lakhs was imposed on the Managing Director of SSCL under Section 112 of the Act. The Tribunal upheld this penalty, noting that the Managing Director was involved in obtaining fake bills and manipulating records, rendering the duty-free bunkers liable for confiscation. 5. Jurisdiction of the Commissioner of Customs, Visakhapatnam: The Tribunal examined whether the Commissioner of Customs, Visakhapatnam, had jurisdiction over the EEZ. It was found that the Commissioner's jurisdiction did not extend to the EEZ, as per Notification No. 108/2008-Cus. (N.T.). However, the Commissioner had jurisdiction over the Visakhapatnam Port, where the offending transactions occurred. 6. Eligibility for Exemption under Notification No. 21/2002-Cus: The Tribunal discussed the eligibility for exemption under Notification No. 21/2002-Cus., which exempts goods used in petroleum operations. SSCL failed to produce the essentiality certificate from the Directorate General of Hydrocarbons (DGHC), a requirement for exemption. Therefore, the fuel used in chase boats was not eligible for exemption. 7. Compliance with Procedural Requirements: SSCL did not follow the procedures prescribed in Public Notice No. 172/2002 by the Commissioner of Customs, Visakhapatnam. The vessels did not report to the authorities or renew fishing passes, leading to the conclusion that the imported HSD was used without following statutory formalities. Conclusion: The Tribunal remanded the matter to the adjudicating authority for re-adjudication, sustaining the finding that duty is liable on the bunkers. The amount of fine and penalty on SSCL and the penalty on the Managing Director will be re-adjudicated, considering the revised liability. The appellants will be given an adequate opportunity to present their case before a fresh decision is taken. (Pronounced in open Court on 11-11-2009)
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