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2013 (2) TMI 681 - AT - CustomsBenefit of Notification No. 12/2012-Cus., dated 17-3-2012 - Held that - The genuineness of the certificate issued by Directorate General of Hydrocarbons, Ministry of Petroleum & Natural Gas, Govt. of India has not been denied and it is also not denied that all the items imported by the appellant are not used in process of the petroleum operation. Therefore, the benefit of the above said Notification cannot be denied. - Decided in favour of assessee.
Issues:
Applicability of Notification No. 12/2012-Cus. for exemption of imported goods required for petroleum operations. Detailed Analysis: The appellant entered into an agreement with the Union of India and Oil & Natural Gas Corporation Ltd. for petroleum exploration. The appellant claimed exemption under Notification No. 12/2012-Cus. for certain imported items necessary for petroleum operations. The Notification exempts goods listed in List 13 if condition 43 is fulfilled, requiring an Essentiality Certificate from the Directorate General of Hydrocarbons, Ministry of Petroleum & Natural Gas, Govt. of India. The appellant contended that all imported items were part of the production and process of platforms used for petroleum operations, supported by the Essentiality Certificate. The Revenue argued that some items were not part of petroleum operations as per List 13. The Tribunal considered both arguments and observed that the appellant had already furnished a bank guarantee. Examining List 13 of Notification No. 12/2012-Cus., the Tribunal noted that the appellant obtained the Essentiality Certificate, certifying that the imported goods were required for petroleum operations. The Tribunal reviewed the list of imported items, confirming their relevance to petroleum operations. The Tribunal found the certificate genuine and acknowledged that all imported items were indeed used in the petroleum operation process, thus upholding the benefit of the Notification. Based on the above findings, the Tribunal set aside the impugned order, allowing the appeal with any consequential relief. The stay application was also disposed of in favor of the appellant. The Tribunal's decision was made in open court, providing a comprehensive resolution to the issues raised regarding the exemption of imported goods for petroleum operations under Notification No. 12/2012-Cus.
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