1983 (3) TMI 274 - AT - Customs

Summary

Issues Involved:
1. Delay in registration of the contract.
2. Failure to produce Project Import endorsement or a Recommendatory Letter.
3. Alleged suppression of facts by the appellants.
4. Eligibility of the appellants to the benefit of heading 84.66.
5. Interpretation of heading 84.66 of the Customs Tariff Act, 1975.

Detailed Analysis:

1. Delay in Registration of the Contract:
The appellants argued that although they applied for registration one year after obtaining the import license, the Collector accepted their explanation for the delay and granted registration. The Tribunal agreed with the appellants, stating that the Collector, by granting registration after considering their explanation, had implicitly accepted the delay and it was unfair to later use this as a ground for revoking the registration.

2. Failure to Produce Project Import Endorsement or a Recommendatory Letter:
The appellants contended that there was no statutory obligation to produce the Project Import endorsement or a Recommendatory Letter. The Tribunal concurred, agreeing that the absence of such documents was not a bar to availing the benefit of heading 84.66 if otherwise due.

3. Alleged Suppression of Facts by the Appellants:
The appellants denied any suppression of facts, stating that their application and subsequent letters clearly indicated that the imports were for modernization. The Tribunal found merit in this argument, noting that no such allegation was made in the show cause notice and thus, the appellants were not heard on this count. The Tribunal struck down this part of the Collector's order, concluding that the appellants did not suppress any facts.

4. Eligibility of the Appellants to the Benefit of Heading 84.66:
The appellants asserted that the Collector was not entitled to de-register their contract after having registered it. The Tribunal disagreed, stating that there can be no estoppel in taxation law and that the Collector was entitled to initiate recovery if he felt the imports were not eligible under heading 84.66. The Tribunal emphasized that provisional assessments are governed by Section 18 of the Customs Act, 1962, and the Collector had the right to seek further information before finalizing the assessment.

5. Interpretation of Heading 84.66 of the Customs Tariff Act, 1975:
The appellants argued that the conditions at the end of item (d) of heading 84.66 applied only to item (d) and not to items (a), (b), and (c). The Department's representative countered that the entire heading should be read as a whole, and the conditions applied to all items. The Tribunal agreed with the Department, stating that interpreting heading 84.66 as suggested by the appellants would distort the Customs Tariff scheme. The Tribunal concluded that heading 84.66 applies only to imports for the initial setting up of a unit or substantial expansion of an existing unit, and not to modernization or replacement.

Conclusion:
The Tribunal rejected the appeal, holding that the appellants were not entitled to the benefit of heading 84.66 for their imports, as they were for modernization and replacement, not for the initial setting up or substantial expansion of a unit.