2015 (9) TMI 872 - SC - Customs

Exemption under Notification No. 133/87 - Penalty u/s 112(a) - Held that - during the pendency of proceedings before the Commissioner, the appellant had approached the authorities under Kar Vivad Samadhan Scheme and volunteered to pay the duty at 30% on the premise that the goods were classifiable under Heading 8905.20 and the Customs Notification No. 196/89 shall be applicable and, therefore, the appellant showed readiness for payment of duty at 30%. No doubt, its application under Kar Vivad Samadhan Scheme was rejected. However, this benefit has been extended by the Tribunal. Once this relief is given by the Tribunal, we are of the view, that no further relief is required to be given to the appellant in the facts of the present case. - Decided against assessee.

Summary

Issues:
1. Classification of imported goods under Heading 8905.20.
2. Benefit of full exemption from payment of customs duty under Notification No. 133/87.
3. Removal of goods without payment of customs duty.
4. Confiscation of goods and imposition of redemption fine and penalty.
5. Appeal before Customs, Excise & Service Tax Appellate Tribunal.
6. Entitlement to benefit of another exemption Notification - Customs Notification No. 196/89.
7. Application under Kar Vivad Samadhan Scheme and readiness to pay duty at 30%.
8. Tribunal's decision and dismissal of appeal.

Analysis:
The appellant imported a "Deepsea Matdrill" and parts thereof, seeking full exemption from customs duty under Notification No. 133/87, classified under Heading 8905.20. The goods were not released by the Department based on this classification. An interim injunction was obtained from the Civil Court, allowing the goods' movement with a condition to pay customs duty at 30%. The appellant removed the goods without paying duty, claiming duty payable under Heading 8905.90. Subsequently, a show cause notice was issued for unauthorized removal, leading to confiscation of goods and imposition of fines and penalties under the Customs Act.

The appellant appealed to the Customs, Excise & Service Tax Appellate Tribunal, which upheld the classification under Heading 8905.20 but granted the benefit of another exemption under Customs Notification No. 196/89, allowing duty payment at 30%. Despite the appellant's willingness to pay duty at 30% under the Kar Vivad Samadhan Scheme, which was rejected, the Tribunal extended this benefit. The Supreme Court, considering the Tribunal's decision, dismissed the appeal, stating that no further relief was required in the case, thus upholding the Tribunal's decision.

In conclusion, the judgment focused on the classification of imported goods, exemption notifications, unauthorized removal, confiscation, appeal process, entitlement to benefits under different notifications, application under the Kar Vivad Samadhan Scheme, and the Tribunal's decision leading to the dismissal of the appeal by the Supreme Court.