2010 (9) TMI 950 - AT - Customs

Refund of the Special Countervailing Duty (SCVD) - classification of imported goods in dispute - N/N. 102/2007-Cus dated 14.09.07 - the imported goods were round logs whereas the goods sold were in the form of sawn timber and therefore, the identity of the goods sold and the ones imported were different and no co-relation between the imported goods and goods sold could be established - denial of refund for non-fulfillment of the requirement of subsequent sale specified in the N/N. 102/2007-Cus dated 14.09.07 - Held that - There is no dispute that round logs falling under RITC 44039929 were imported and the refund claim has been filed under N/N. 102/2007-Cus dated 14.09.07 which provides for refund of the SCVD paid by the appellants subject to the conditions enumerated therein - the department has not proved or shown any evidence that goods have undergone manufacture and therefore SAD benefit is not available. No evidence has been put forth show that sawn timber is classifiable under CETH 4407 - sawn timber and timber laws are treated as one category of goods. Revenue has not been able to make out a case that the process undertaken by the appellants has resulted in different product thereby rendering them ineligible for refund of the special CVD paid by them - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Eligibility for refund of 4% Special Countervailing Duty (SCVD) under Notification No. 102/2007-Cus dated 14.09.07.
2. Whether the conversion of round logs into sawn timber affects eligibility for SCVD refund.
3. Interpretation of the term "subsequent sale" in the context of the notification.
4. Applicability of judicial precedents and circulars in determining refund eligibility.

Detailed Analysis:

1. Eligibility for refund of 4% Special Countervailing Duty (SCVD) under Notification No. 102/2007-Cus dated 14.09.07:
The appellants claimed refunds of SCVD paid on the importation of round logs under Notification No. 102/2007-Cus, which provides for a refund of SCVD paid on imported goods for subsequent sale, subject to certain conditions. The key issue was whether the appellants met these conditions, specifically if the goods sold (sawn timber) were the same as the imported goods (round logs).

2. Whether the conversion of round logs into sawn timber affects eligibility for SCVD refund:
The Revenue argued that the refund could only be granted if the imported goods were sold in the same form, citing that the conversion of round logs into sawn timber constituted a change in identity. The Commissioner (Appeals) supported this view, stating that the transformation of round logs into sawn timber resulted in a distinct identity, making the refund inadmissible. However, the appellants contended that the conversion did not amount to manufacturing and that the classification of the goods remained the same under CTH 4403.

3. Interpretation of the term "subsequent sale" in the context of the notification:
The Tribunal examined whether the term "subsequent sale" in the notification implied that the goods must be sold in the exact form in which they were imported. The Tribunal referred to several judicial precedents, including the case of Vijrom Chem. Pvt. Ltd. vs. CC Bangalore, where it was held that repacking or minor processing that did not change the goods' essential character did not disqualify the goods from exemption. The Tribunal concluded that the conversion of round logs into sawn timber did not constitute a significant transformation that would render the appellants ineligible for the refund.

4. Applicability of judicial precedents and circulars in determining refund eligibility:
The Tribunal noted that judicial precedents take precedence over circulars issued by the Board. The Tribunal referenced multiple decisions, including those of the Hon'ble Supreme Court and High Courts, which supported the view that minor processing, such as sawing timber, did not change the goods' identity for tax purposes. The Tribunal also considered the Board's Circular No. 15/2010-Cus, which suggested that refunds were not available if the goods sold had a different classification. However, the Tribunal found that the department had not provided sufficient evidence to prove that the process of sawing constituted manufacturing or resulted in a new product classification.

Conclusion:
The Tribunal concluded that the Revenue had not established that the conversion of round logs into sawn timber resulted in a different product, thereby making the appellants ineligible for the SCVD refund. The appeals filed by the appellants were allowed, and the Tribunal emphasized that judicial precedents should guide the interpretation of exemption notifications. The Tribunal's decision was pronounced in court on 24.9.2010.