2011 (4) TMI 264 - AT - Customs

Demand - Provisional assessment - Notification No.109/94 dated 12.4.1994 - Classification - It noted that Notification 146/94-Cus. exempted sports requisites spares accessories and consumables imported by National Sports Federation Sports Authority of India or Sports Authority of State for use in a national or international championship or competition - the scheme under which the subject-goods were imported intended to encourage sportsmen in the country and that the goods were actually used for fabricating athletic track as evidenced by the Completion Certificate produced before the adjudicating authority and hence the appellant should be granted the benefit of exemption from payment of duty - Moreover an Exemption Notification requires to be strictly construed and cannot be construed otherwise in favour of a particular party - Appeal is dismissed

Summary

Issues:
Classification of imported goods for laying synthetic athletic track under Customs Notification No.109/94 dated 12.4.1994, eligibility for benefit of Notification 109/94-Cus., alternative claim for benefit under Notification No.146/94-Cus. dated 13.7.1994, retrospective application of amended Notification 88/2002-Cus., interpretation of Circular No.70/2002-Cus. dated 25.10.2002, denial of ad hoc exemption by Central Government under Section 25(2) of the Customs Act.

Classification Issue:
The appellant imported raw materials for laying a synthetic athletic track, claiming exemption under Customs Notification No.109/94. The lower authorities classified the goods as raw materials under Chapter 40 instead of under Heading 95.06 for complete articles and equipment. The Tribunal concurred with the lower authorities, denying the benefit of Notification 109/94-Cus. to the appellant due to incorrect classification.

Benefit under Notification No.146/94-Cus.:
The appellant alternatively claimed benefit under Notification No.146/94-Cus. dated 13.7.1994. The notification granted full exemption on sports requisites imported by specific entities for use in national or international championships. The Tribunal found that the appellant did not fall within the authorized entities to claim this benefit, as the amendment allowing State Sports Authorities to import had no retrospective effect.

Retrospective Application and Circular Interpretation:
The Tribunal analyzed the retrospective application of amended Notification 88/2002-Cus. and Circular No.70/2002-Cus. dated 25.10.2002. It clarified that the benefit of the amended Notification could not be extended to imports made before the amendment date. The Circular's clarification was specific to imports post-amendment and did not apply retrospectively.

Denial of Ad Hoc Exemption:
The appellant's plea for exemption based on the scheme to encourage sportsmen was rejected, as an application for ad hoc exemption was previously denied by the Central Government. The Tribunal emphasized that an Exemption Notification must be strictly construed and cannot be granted in favor of a party if denied by the Government.

In conclusion, the Tribunal upheld the impugned order, dismissing the appeal and denying the appellant the benefits claimed under both Notifications 109/94-Cus. and 146/94-Cus. The judgment emphasized the importance of correct classification, eligibility criteria, and strict interpretation of exemption notifications.