2015 (4) TMI 808 - AT - Customs

Denial of Exemption Notification No.21/2002-Cus., dated 01.03.2002 - Whether benefit of exemption Notification would be available at the time of assessment of the goods at the port of import while filing into-bond Bill of Entry or when ex-bond Bill of Entry was filed - Held that - Section 15 of the Customs Act, 1962 provides date for determination of rate of duty and tariff of valuation of the imported goods - Clause (b) of sub-section (1) of Section 15 provides that the rate of duty of the imported goods in which case the goods are cleared from a warehouse under Section 68 on the date on which a bill of entry for home consumption in respect of which goods are presented under that section. In our opinion, as per Section 15(1)(b) of the Act, 1962 the respondent is liable to pay duty at the rate on the date on which the bill of entry is presented for home consumption, which would cover the claim of benefit of exemption notification. - appellant would be eligible to avail the benefit of notification subject to fulfillment of condition of the Notification and Rules, 1996. We clarify that as per Section 15(1)(b) of the Customs Act, 1962, the respondent may claim the benefit of exemption Notification prevailing at the time of clearance of the goods for home consumption subject to fulfillment of the condition to the Notification - Appeal disposed of.

Issues:
1. Appeal against Commissioner (Appeals) order.
2. Interpretation of Customs Tariff Act regarding concessional rate of duty.
3. Application of Customs Act, 1962, Section 15 on determination of rate of duty and valuation of imported goods.
4. Eligibility for benefit of exemption notification under Customs Act, 1962.

Analysis:
1. The appeal was filed by the Revenue against the order of the Commissioner (Appeals) where the communication by the Deputy Commissioner of Customs was set aside, and the respondent's appeal was allowed. The dispute arose from the respondent importing goods under Chapter 72 & 73 of the Customs Tariff Act, 1972, and seeking to clear them at a concessional rate of 10% duty under Notification No.21/2002-Cus. The Deputy Commissioner of Customs had communicated that the notification was conditional and subject to compliance with Customs Rules, 1996. The Commissioner (Appeals) set aside this communication, leading to the Revenue's appeal.

2. The main issue revolved around the timing of claiming the benefit of the exemption notification. The Revenue argued that the benefit should have been claimed at the time of filing the in-bond Bill of Entry, as per the conditional nature of the notification. The Tribunal analyzed Section 15 of the Customs Act, 1962, which determines the rate of duty and valuation of imported goods. It was held that the respondent could claim the benefit of the exemption notification at the time of clearance for home consumption, as per Section 15(1)(b) of the Act.

3. The Tribunal clarified that the respondent could avail the benefit of the exemption notification at the time of clearance for home consumption, provided the conditions of the notification and Rules, 1996 were fulfilled. The eligibility for the benefit was linked to compliance with the conditions at the time of clearance. It was emphasized that the respondent's claim for the concessional rate of duty should align with the provisions of the Customs Act and the relevant notifications.

4. In conclusion, the Tribunal disposed of the appeal by affirming that the respondent could claim the benefit of the exemption notification at the time of clearance for home consumption, subject to fulfilling the conditions specified in the notification and Rules, 1996. The decision was based on the interpretation of the Customs Act, 1962, and the specific provisions regarding the determination of duty rates and valuation of imported goods.

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