2011 (1) TMI 322 - AT - Customs

Waiver of pre-deposit - use of import goods - Classification - It is not in dispute that the said CPTs were dismantled and subject to certain processes and the resultant goods were cleared as envisaged under Rule 16 - Prima facie in the facts of the case the processes undertaken on the goods received under Rule 16 cannot be held to be amounting to manufacture and the resultant goods cannot be treated as manufactured goods and therefore parts and inputs imported duty free under Notification No. 25/99 cannot be used for such activity without payment of duty. - On merits prima facie the case of the department is strong - Appellant is directed to deposit and pre-deposit is waived

Summary

Issues:
1. Waiver of pre-deposit of customs duty, interest, and penalty imposed by the Commissioner.
2. Interpretation of exemption Notification No. 25/99-Cus. for imported parts and components used in the manufacture or repair of colour picture tubes (CPT).
3. Determination of whether the activities undertaken on defective CPTs received under Rule 16 amount to 'remanufacture' or 'repair.'
4. Consideration of financial hardship as a factor in the decision-making process.

Analysis:
1. The issue before the Appellate Tribunal was the waiver of pre-deposit of customs duty, interest, and penalty amounting to Rs. 1,89,22,510 imposed by the Commissioner. The applicants sought relief from this pre-deposit requirement, arguing that the activities undertaken on defective CPTs received under Rule 16 constituted 'remanufacture' and were in line with the conditions of exemption Notification No. 25/99-Cus.

2. The Tribunal analyzed the nature of the activities carried out by the applicants on the defective CPTs received under Rule 16. The applicants claimed that they dismantled the defective CPTs, salvaged parts, and 'remanufactured' new CPTs using fresh parts/inputs. However, the department contended that the imported goods under Notification No. 25/99-Cus. could only be used for 'manufacture' and not for repair activities. The Tribunal noted the discrepancy in the interpretation of the exemption notification regarding the permissible use of imported parts and components.

3. Upon reviewing the submissions and records, the Tribunal observed that the processes undertaken on the defective CPTs received under Rule 16 did not amount to 'manufacture' as claimed by the applicants. The Tribunal found that the activities did not qualify as 'remanufacture' but rather as repair, as contended by the department. Consequently, the Tribunal held that the goods resulting from these activities could not be treated as manufactured goods, thereby disallowing the use of imported duty-free inputs for such repair activities.

4. Additionally, the Tribunal considered the plea of financial hardship raised by the applicants, stating that their company had been closed for the last three years. Despite acknowledging the financial challenges faced by the applicants, the Tribunal directed them to deposit Rs. One crore within a specified timeframe and report compliance. Subject to this deposit, the Tribunal waived the pre-deposit of the balance amount of duty, interest, and penalty, staying the recovery pending the appeal's disposal.

This comprehensive analysis of the issues involved in the judgment highlights the Tribunal's interpretation of the exemption notification, determination of activities as 'remanufacture' or 'repair,' and consideration of financial hardship in the decision-making process.