2014 (2) TMI 166 - AT - Customs

Permission for procurement of raw material duty free from DTA for export of manufactured goods to countries - Whether goods procured duty free from DTA by a DTA unit for manufacture of finished goods when cleared to a unit in SEZ shall amount to export - Held that - Without going into any other detail a bare perusal of clarification issued by Board vide Circular No. 29/2006-Cus., dated 27-12-2006 clarifying that Section 2(m) of SEZ Act, 2005 envisages that supply of goods or providing services, from DTA to a SEZ unit or a SEZ developer shall constitute export - Decided against Revenue.

Summary

Issues:
1. Proper withdrawal of permission for duty-free procurement of raw material.
2. Whether clearance of goods to SEZ units amounts to export.

Analysis:
1. The dispute in this case revolves around the withdrawal of permission granted for duty-free procurement of raw material. The Authorized Representative for Revenue argued that the withdrawal was proper, while the Counsel for the Respondent contended that the withdrawal reversal by the Commissioner (Appeals) was incorrect. The Respondent had initially sought permission for duty-free procurement for export of goods to countries other than Nepal and Bhutan or to units in SEZ. However, when the goods were supplied to SEZ units, the permission was withdrawn, leading to a dispute.

2. The main issue addressed was whether the clearance of goods to SEZ units should be considered as an export. The Commissioner (Appeals) set aside the withdrawal order based on the argument that the clearance of goods to SEZ units should be treated as an export. This interpretation was supported by a clarification issued by the Board through Circular No. 29/2006-Cus., which highlighted that the supply of goods from DTA to a SEZ unit constitutes an export under Section 2(m) of the SEZ Act, 2005. The Tribunal, after considering this aspect, concluded that the Revenue's appeal should be dismissed based on the clarification provided.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) and dismissed the Revenue's appeal, emphasizing that the supply of goods from a DTA unit to a SEZ unit qualifies as an export under the SEZ Act. This judgment clarifies the treatment of goods cleared to SEZ units and highlights the significance of the SEZ Act provisions in determining export status in such cases.