2017 (2) TMI 1369 - AT - Customs

Classification of Imported coal - Bituminous Coal or Steam Coal? - benefit of N/N. 12/2012-Cus dt. 17/03/2012 - Held that - Regarding classification of the coal, different Benches of CESTAT have taken different views at the instance of the parties. The Chennai and Ahmedabad Benches prima facie considered these are the Steam Coal attracting no duty. This was followed by Mumbai Bench - On the other hand, Bangalore Bench of the CESTAT considered it as Bituminous Coal attracting duty to 5%. The matter is subjudice before the Hon ble Supreme Court in the case of M/s. Maruti Ispat and Energy Pvt. Ltd. & others 2014 (10) TMI 944 - SUPREME COURT OF INDIA - liberty is granted to the appellant to come again after having final verdict from the Apex Court, within the prescribed time limit, if advised so - appeal disposed off.

Summary

Issues:
1. Classification of imported coal as Steam Coal or Bituminous Coal for duty exemption.
2. Discrepancy in classification decisions by different CESTAT Benches.
3. Exemption from pre-deposit condition by CESTAT Chennai Bench.
4. Challenge against the decision of Bangalore Bench in the Supreme Court.
5. Granting liberty to the appellant pending final verdict from the Supreme Court.

Classification of Imported Coal: The appellant imported coal claiming it to be Steam Coal under sub-heading 27011920, attracting no duty during the relevant period. However, the Department alleged misclassification, stating it was Bituminous Coal under sub-heading 27011200, attracting a 5% duty. The dispute arose due to conflicting views by different CESTAT Benches, with Chennai and Ahmedabad Benches considering it as Steam Coal while the Bangalore Bench classified it as Bituminous Coal.

Conflicting CESTAT Bench Decisions: The judgment highlighted the divergent opinions of various CESTAT Benches on the classification issue. Chennai and Ahmedabad Benches supported the appellant's claim of Steam Coal classification, leading to duty exemption. Conversely, the Bangalore Bench viewed the coal as Bituminous Coal subject to a 5% duty. This inconsistency in decisions by different Benches created uncertainty and necessitated clarity on the classification of the imported coal.

Exemption from Pre-Deposit Condition: The CESTAT Chennai Bench exempted the appellant from the pre-deposit condition, a decision challenged by the Department in the High Court. However, the High Court refused to intervene, directing the matter back to CESTAT for prompt resolution of reference applications. This exemption from pre-deposit condition added a procedural aspect to the case, emphasizing the significance of compliance with legal requirements during the appeal process.

Challenge in the Supreme Court: The decision of the Bangalore Bench, classifying the coal as Bituminous and imposing a 5% duty, faced a challenge in the Supreme Court by M/s. Maruti Ispat and Energy Pvt. Ltd. & others through Civil Appeal Nos. 28937/2014 and 9725/2014. The matter was reported as pending before the Supreme Court during the proceedings, indicating ongoing legal action at a higher judicial level to seek resolution and clarity on the disputed classification issue.

Granting Liberty Pending Supreme Court Verdict: Considering the pending Supreme Court case challenging the Bangalore Bench decision, the judgment granted the appellant the liberty to revisit the matter after obtaining a final verdict from the Apex Court within the specified timeframe. This provision allowed the appellant to potentially seek further legal recourse based on the outcome of the Supreme Court case, ensuring the opportunity for a comprehensive and conclusive resolution to the classification dispute.

In conclusion, the judgment addressed the critical issues of coal classification for duty purposes, highlighted the conflicting decisions of different CESTAT Benches, emphasized procedural aspects such as pre-deposit conditions, outlined the challenge in the Supreme Court, and provided the appellant with the opportunity to revisit the matter post the Supreme Court's final decision, ensuring a comprehensive and fair resolution to the classification controversy.