2014 (1) TMI 691 - HC - Customs

Import of forgings and castings - Exemption under Notification No.39/96-Customs, dated 23.07.1996 - Confiscation of goods - Held that - Petitioner is a public sector undertaking which is in the field of manufacturing aircraft and helicopters which are required for the defence of the country. Admittedly, they had the benefit of green channel facility for more than a decade by which all the imported goods were taken out from the customs barriers without any objections, to the place of manufacture. Now a dispute has arisen regarding some items which are imported as to whether they would fall under the exemption or not - it is appropriate to permit the clearance of the goods on provisional assessment basis by executing appropriate bond. It is submitted that executing a bank guarantee is exempted in respect of public sector undertaking, more so, in the nature of defence undertaking - The respondents are directed to clear the goods on provisional assessment basis on petitioner executing a appropriate bond in respect of the duty levied - Decided in favour of assessee.

Summary

Issues:
- Interpretation of Notification No.39/96-Customs for exemption from customs duties.
- Dispute regarding items falling under exemption.
- Withdrawal of green channel facility for importing goods.
- Request for stay of order pending appeal before CESTAT.

Interpretation of Notification No.39/96-Customs for exemption from customs duties:
The petitioner, a public sector undertaking engaged in manufacturing aircraft and helicopter engines, imported parts for manufacturing engines. They claimed exemption under Notification No.39/96-Customs for several engine parts. The Revenue contended that certain items like castings, forgings, jet pipes, CDs were not covered under the exemption due to post-import activities. A show cause notice was issued proposing customs duty payment of Rs.60,60,27,590 along with interest for goods imported from January 2009 to February 2013. The petitioner appealed against the order-in-original confirming the duty proposal.

Dispute regarding items falling under exemption:
The petitioner sought to continue importing goods under a different serial number of the notification after denial of exemption under the original serial number. The Revenue proposed confiscation of goods and penalty under the Customs Act. Despite the petitioner's representation for restoration of the green channel facility, the authority refused extension of benefits until the appeal decision. The High Court noted the importance of the manufacturing activity for defense purposes and allowed provisional clearance of goods upon executing an appropriate bond, exempting the necessity of a bank guarantee.

Withdrawal of green channel facility for importing goods:
The petitioner, having enjoyed the green channel facility for over a decade for smooth customs clearance, faced a dispute over certain imported items' exemption eligibility. The authorities declined to extend the benefit of the notification and green channel facility pending appeal before CESTAT. The petitioner agreed to provisional assessment by executing a bond for duty payment to ensure manufacturing activities were unaffected. The Court partially allowed the writ petition, directing the clearance of goods on a provisional assessment basis without requiring a bank guarantee until the appeal decision.

Request for stay of order pending appeal before CESTAT:
The petitioner's appeal and stay application before CESTAT were delayed due to quorum issues. Despite the respondents' refusal to extend benefits, the Court permitted provisional clearance of goods by executing a bond for duty payment. The order allowed for the continuation of manufacturing activities without disruption until the appeal decision or stay application hearing before CESTAT, preventing any hasty actions by the respondents. The Senior Standing Counsel was given time to file a memo of appearance within four weeks.