2007 (8) TMI 196 - AT - Central Excise

Extension of time for Re-export of imported tools and dies Export obligation Appellant went under liquidation On lifting liquidation it became impossible to re-export the goods over a long period of time Having regard to nature of case and principle of justice, appellant s plea is sanctioned

Summary

Issues:
1. Waiver of predeposit and stay of recovery of duty and interest.
2. Out-of-turn disposal of the appeal.
3. Non-compliance with re-export conditions under Notification No. 32/97-Cus.
4. Exercise of administrative discretion by Assistant Commissioner/Deputy Commissioner.
5. Denial of benefit of Notification due to non-compliance with re-export requirement.
6. Appeal against the order of the Commissioner (Appeals).

Analysis:

Issue 1: Waiver of predeposit and stay of recovery of duty and interest
The appellants filed applications seeking waiver of predeposit and stay of recovery regarding duty and interest. The Tribunal, after examining the records and hearing both sides, decided that the appeal itself needed final disposal. The Tribunal dispensed with predeposit, allowed early disposal of the appeal, and proceeded with hearing the appeal.

Issue 2: Out-of-turn disposal of the appeal
The Tribunal acknowledged the applications filed by the appellants for out-of-turn disposal of the appeal. After considering the circumstances, the Tribunal decided to proceed with the appeal without delay.

Issue 3: Non-compliance with re-export conditions under Notification No. 32/97-Cus
The appellants had imported "tools and dies" duty-free under a specific notification that required re-export within a specified period. Due to unforeseen circumstances, including the tools and dies being under the control of the Official Liquidator, the appellants could not meet the re-export deadline. The Tribunal found that the circumstances warranted consideration for an extension of time for re-export.

Issue 4: Exercise of administrative discretion by Assistant Commissioner/Deputy Commissioner
The Assistant Commissioner/Deputy Commissioner had declined further extension of time for re-export based on administrative discretion. The Tribunal noted this decision but emphasized the need for a fair consideration of the appellants' request for an extension.

Issue 5: Denial of benefit of Notification due to non-compliance with re-export requirement
The Commissioner (Appeals) denied the benefit of the notification to the party due to non-compliance with the re-export requirement within the prescribed period. The Tribunal found that the denial was based on the exercise of administrative discretion and chose to remand the case for a fresh adjudication.

Issue 6: Appeal against the order of the Commissioner (Appeals)
The appellants appealed the decision of the Commissioner (Appeals) which denied the benefit of the notification. The Tribunal set aside the impugned order and directed the original authority to re-examine the case, considering the request for an extension of time for re-export of the tools and dies. The Tribunal emphasized a fair decision within a specific timeframe.

In conclusion, the Tribunal allowed the appeal by way of remand, emphasizing a fresh adjudication by the original authority in accordance with the law and principles of natural justice.