2012 (6) TMI 173 - AT - Central Excise

Whether clearances of aviation turbine fuel made during the period utilized in the flights which were on the international route can be considered as exported goods - Held that - ATF loaded in international flights, may qualify as exports. Since the documents need to be gone into by the lower authorities to appreciate that clearances made during this period was in fact loaded into the flights which were operating on international route, we deem it fit and let the adjudicating authority to do the exercise. Matter remitted back to the adjudicating authority to reconsider the issue afresh.

Summary

Issues involved:
1. Waiver of pre-deposit of a significant amount along with interest and penalties imposed by the adjudicating authority.
2. Discharge of duty liability on aviation turbine fuel cleared during a specific period.

Analysis:

Issue 1: Waiver of pre-deposit
The stay petition was filed seeking the waiver of pre-deposit of a substantial amount along with interest and penalties imposed by the adjudicating authority. After hearing both sides and perusing the records, it was found that the issue was narrow. The Tribunal decided to dispose of the appeal itself after allowing the stay petition. The appellant argued that the clearances of aviation turbine fuel were done under a bonafide belief that no specific procedure needed to be followed. They contended that the duty liability should not arise as the fuel was loaded onto flights operating on international routes, which they considered as exports. The Tribunal noted that the issue was factual, focusing on whether the clearances made during the period for international flights could be considered as exports. The appellant was directed to provide evidence to support their claim, and the matter was remitted back to the adjudicating authority for reconsideration after following the principles of natural justice.

Issue 2: Duty liability on aviation turbine fuel
The core issue revolved around whether the clearances of aviation turbine fuel for international flights qualified as exports, thereby exempting the appellant from duty liability. The appellant argued that the fuel loaded onto international flights should be treated as exported goods. The Tribunal acknowledged that the appellant had made a prima facie case of no demand, indicating that the matter required further examination by the adjudicating authority. It was emphasized that a detailed review of the documents and factual circumstances was necessary to determine the applicability of duty liability. The Tribunal, without expressing any opinion on the merits of the case, set aside the impugned order and remitted the matter back for a fresh consideration, emphasizing the importance of adhering to the principles of natural justice.

In conclusion, the judgment highlighted the significance of factual analysis in determining duty liability on aviation turbine fuel cleared during a specific period. The Tribunal's decision to remit the matter back to the adjudicating authority underscored the need for a comprehensive review of the evidence and adherence to procedural fairness.