2007 (5) TMI 40 - AT - Customs

Demand(Customs) Revenue contended that appellant is not entitle for benefit of Notification No. 52/97-Cus. on the good(insulated enclosures)and demand for redemption fine After considering fact concerned authority allow the appeal with consequential relief

Summary

Issues:
1. Confirmation of demand on the appellant
2. Imposition of interest under Sec. 28AA of the Customs Act, 1962
3. Redemption fine imposed on the appellant
4. Applicability of exemption notifications No. 53/97-Cus and No. 52/2003-Cus to the imported insulated enclosures
5. Allegation by revenue that the goods are not covered by the notifications

Confirmation of Demand:
The Commissioner confirmed a demand of Rs. 95,68,853/- on the appellant, along with interest under Sec. 28AA of the Customs Act, 1962, and a redemption fine of Rs 50,000/-. The revenue contended that the insulated enclosures imported by the appellant were not covered by the exemption notifications, hence not entitled to the benefits. However, the appellant argued that a previous decision by the Rajasthan High Court supported their claim that such goods qualify as capital goods for exemption benefits. The Commissioner had previously extended the benefit of Notification No. 53/97-Cus to insulated enclosures in the appellant's own case in 1999.

Applicability of Exemption Notifications:
The Tribunal noted that the appellants had initially been granted the benefit of the exemption notification. The Tribunal observed that if the revenue believes the appellants are not entitled to the benefit, a demand can only be issued under Sec. 28 of the Customs Act. Furthermore, since there was no allegation of violation of end-use conditions of the notification, no demand under Sec. 111(o) was possible. The demand issued was also beyond the statutory period of six months, rendering it time-barred. Consequently, the Tribunal found no merit in the Commissioner's order and allowed the appeal with consequential relief.

This judgment highlights the importance of adherence to statutory provisions and the need for revenue authorities to establish clear grounds for denying exemption benefits to importers. The Tribunal's decision underscores the significance of legal precedents and the application of relevant case law in determining the eligibility of goods for exemption under customs notifications.