2013 (8) TMI 237 - AT - Customs

Difference in opinion the issue was Whether as per Condition No.40(a) of the Notification No.21/2002-Cus (sl.no.230) MMRDA is Road Construction Corporation under the control of the State of Maharashtra or not as there was difference of opinions between various High Courts in the judgement of Mercedes Benz India Pvt. Ltd. vs. UOI (2010 (3) TMI 300 - BOMBAY HIGH COURT) and in the case of M/s. Gammon India Ltd. vs. CC, Mumbai(2011 (7) TMI 17 - SUPREME COURT OF INDIA) there were divergent views on the issue - The matter was referred to the President for constituting a Larger matter for deciding the issue.

Summary

Issues:
1. Denial of benefit under Notification No.21/2002 leading to confiscation of imported machines, duty demand, interest, and penalties.
2. Interpretation of Condition No. 40(a) of the Notification regarding the status of MMRDA as a Road Construction Corporation under government control.

Analysis:
1. The appellants challenged the denial of benefits under Notification No.21/2002, resulting in the confiscation of imported machines and imposition of duty, interest, and penalties. The goods were allowed to be redeemed upon payment of a redemption fine.

2. The main issue revolved around the interpretation of Condition No. 40(a) of the Notification, specifically whether MMRDA qualifies as a Road Construction Corporation under government control. The appellants argued that MMRDA met the conditions based on a previous Tribunal order and subsequent affirmation by the Supreme Court in a different case.

3. The appellant's counsel cited a previous Tribunal order involving Patel Engineering Ltd., where it was established that MMRDA is indeed a Road Construction Corporation under government control, satisfying Condition No. 40(a) of the Notification.

4. Conversely, the Revenue's representative referred to another Tribunal case involving Shreeji Construction, where it was concluded that MMRDA does not meet the criteria of a Road Construction Corporation as per Condition No. 40(a) of the Notification.

5. Due to conflicting views within the Tribunal, following the precedent set by the Mumbai High Court in previous cases, the matter was referred to the Hon'ble President for the constitution of a Larger Bench to resolve the issue conclusively.

6. The Tribunal decided to refer the matter to the Larger Bench to determine whether MMRDA qualifies as a Road Construction Corporation under the control of the State of Maharashtra as per Condition No. 40(a) of the Notification No.21/2002-Cus (sl.no.230). The Registry was directed to take necessary steps for the referral process.