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2013 (8) TMI 430 - AT - CustomsRefund of duty - whether the assessee were eligible for refund of additional duty of customs leviable u/s 3(5) of the Customs Tariff Act paid at the time of clearance of goods from SEZ to DTA Held that - The adjudicating authority was correct in coming to the conclusion that the appellants were eligible for refund of the amount of SAD paid by them court relied upon the judgement of Industrial Suppliers Pvt. Ltd. vs. Union of India(1980 (8) TMI 197 - SUPREME COURT). whether an assessee was eligible for refund of such duty paid by them on goods under Notification No.102/2007 Held that - The intention of the legislature by promulgating Notification No.102/2007-Cus. was to give refund of SAD paid by the importer on goods, on subsequent sale subject that conditions are fulfilled - the appellants had discharged the SAD leviable on the goods when procured from SEZ, and have subsequently sold the same, benefit of refund of the said SAD as per Notification No.102/2007-Cus cannot be denied to them only on the ground that movement of goods is from SEZ and it cannot be construed as import of goods order set aside deicided in favour of assessee.
Issues Involved:
1. Eligibility for refund of additional duty of customs (SAD) paid under Section 3(5) of the Customs Tariff Act, 1975. 2. Applicability of Notification No. 102/2007-CUS for refund of SAD on goods procured from SEZ and sold in the Domestic Tariff Area (DTA). Detailed Analysis: 1. Eligibility for Refund of Additional Duty of Customs (SAD): The primary issue is whether the appellants are entitled to a refund of the additional duty of customs (SAD) paid at the time of clearance of goods from SEZ to DTA. The appellants argued that they paid the appropriate customs duties, including SAD, and subsequently claimed a refund under Notification No. 102/2007-CUS. The adjudicating authority initially sanctioned the refund claims, but the First Appellate Authority reversed this decision, stating that goods procured from SEZ cannot be considered as imports, and thus, the refund of SAD does not arise. 2. Applicability of Notification No. 102/2007-CUS: The appellants contended that Section 30 of the SEZ Act mandates that goods removed from SEZ to DTA are chargeable to customs duties as if they were imported. They argued that Notification No. 102/2007-CUS provides for a refund of SAD on goods imported into India for subsequent sale, and since they paid SAD and VAT on resale, they should be eligible for the refund. The appellants cited the Supreme Court's decision in Industrial Suppliers Pvt. Ltd. vs. Union of India to support their interpretation of legal fiction created by Section 30 of the SEZ Act. Findings: 1. Interpretation of Section 30 of the SEZ Act: The Tribunal noted that Section 30 of the SEZ Act creates a legal fiction where goods moved from SEZ to DTA are considered as imports for the purpose of levying customs duties, including SAD. The Tribunal emphasized that SAD is a duty of customs and is applicable to goods moving from SEZ to DTA, as if they were imported into India. 2. Fulfillment of Conditions under Notification No. 102/2007-CUS: The Tribunal examined the conditions under Notification No. 102/2007-CUS, which grants exemption from SAD on goods imported for subsequent sale, provided certain conditions are met. The appellants demonstrated that they fulfilled these conditions, such as paying all applicable duties at the time of importation, indicating non-admissibility of SAD credit on invoices, filing refund claims within the stipulated time, and paying VAT/CST on resale. 3. Legal Precedents: The Tribunal referred to the Supreme Court's judgment in Industrial Suppliers Pvt. Ltd., which held that when a legal fiction is created, the court must give full effect to it and consider all incidental and inevitable consequences. The Tribunal also cited the case of Auro Textile, which emphasized that statutory words should be understood in their natural, ordinary, and popular sense unless it leads to absurdity. Conclusion: The Tribunal concluded that the appellants are eligible for the refund of SAD paid on goods procured from SEZ and sold in the DTA. The Tribunal held that the First Appellate Authority erred in denying the refund based on the interpretation that goods from SEZ are not imports. The Tribunal set aside the impugned orders and allowed the appeals with consequential relief, affirming that the appellants fulfilled the conditions of Notification No. 102/2007-CUS and are entitled to the refund of SAD. Judgment: The appeals filed by the appellants were allowed, and the orders of the First Appellate Authority were set aside. The Tribunal pronounced the judgment in court on 22.4.2013.
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