2009 (12) TMI 780 - AT - Customs

Summary

Issues involved: Failure to re-export goods within stipulated period, demand notice for recovery of duty, rejection of remission request, appeal against rejection.

The judgment dealt with the case of re-imported goods not being re-exported within the stipulated period, leading to a demand notice for recovery of duty. The appellants had re-imported 500 kgs. of Ranitidine HCL USP for re-processing and re-export, claiming benefits under Notification No. 158/95-Cus. The goods were cleared without payment of duty on the strength of a bond and bank guarantee. However, as the goods were not re-exported within the specified timeframe, a demand notice was issued for recovery of Rs. 3,12,324/- along with interest.

The appellants' request for remission of duty, citing the destruction of the re-imported goods in a fire accident, was rejected by the adjudicating authority. Subsequently, the Commissioner (Appeals) also dismissed the appeal, rejecting the contentions of the appellants on both merits and limitation grounds. The main plea raised by the appellants was regarding the limitation under Section 28(1) of the Customs Act, 1962.

The Tribunal held that the plea of time-bar under Section 28(1) could not be accepted in this case. It was emphasized that the issue at hand pertained to the failure to fulfill conditions of an exemption notification, rather than non-levy, short levy, or erroneous refund covered by Section 28. The appellants were also reminded of their commitment in the bond to pay the duty leviable on the goods at the time of importation, had it not been for the exemption. Since no arguments were presented on merits, and the plea of time-bar was deemed meritless, the impugned order was upheld, and the appeal was rejected.

This judgment highlights the importance of complying with the conditions of exemption notifications and fulfilling commitments made in bonds while dealing with re-imported goods. It also clarifies the distinction between issues of limitation under Section 28 and failure to meet exemption conditions.