2013 (7) TMI 374 - AT - Central Excise

Pricipal of Natural Justice to be followed - As regards the applicability of depreciation till the date of cancellation of letter of permission by DGFT and as regards considerations of the applications moved by the assessee for re-export of the capital goods. Held that - Remanded the matter back to the adjudicating authority for reconsideration - Adjudicating authority to follow the principles of natural justice before coming to any conclusion.

Summary

Issues:
1. Applicability of duty on capital goods and raw materials imported for an Export Oriented Unit (EOU).
2. Consideration of application for re-export of capital goods.
3. Applicability of depreciation on capital goods till the cancellation of permission by DGFT.

Analysis:
1. The appellant argued that the duty demanded by the adjudicating authority on capital goods and raw materials was erroneous. They contended that once capital goods are put to use and inputs are utilized for manufacturing final products, there should be no duty on them. The appellant also raised the issue of depreciation on capital goods until the cancellation of the permission by DGFT. The Tribunal noted that the adjudicating authority did not address the appellant's requests for re-export of capital goods. The Tribunal directed the adjudicating authority to consider the rate of duty applicable at the time of cancellation of permission, as per previous decisions of the bench.

2. The Additional Commissioner argued that re-exporting the capital goods might be futile as their value could have depreciated to nil. However, the Tribunal emphasized that if re-export permission is granted, the duty on capital goods and inputs may not be applicable. The Tribunal found merit in the appellant's argument regarding the duty rate at the time of cancellation of permission. They highlighted the need for the adjudicating authority to consider the appellant's application for re-export and the applicability of depreciation till the cancellation of permission.

3. Ultimately, the Tribunal set aside the impugned order and remanded the matter to the adjudicating authority for reconsideration. They instructed the adjudicating authority to address the issues of re-export permission, duty rate at the time of cancellation of permission, and depreciation on capital goods. The Tribunal stressed the importance of following the principles of natural justice in reaching a conclusion. The stay and appeal were disposed of accordingly, with the case being sent back for further consideration.