2008 (3) TMI 199 - AT - Customs

Re-import - goods in the present case are not those which are wholly exempted from the Custom duty & Additional duty of customs and hence do not fall within the ambit of Serial No. 3 of Notification 34/98 to become eligible to exemption from SAD. Therefore, exemption from SAD is not available u/not. 34/98 not. 94/96 exempts re-imported goods only from custom duty excluding SAD as is in excess of the custom duty, which is equal to amount of excise duty not paid

Summary

Issues:
1. Interpretation of Notification No. 94/96-Cus. and Notification No. 34/98 (Sr. No. 3) for exemption from customs duty.
2. Exemption eligibility under Notification No. 34/98 (Sr. No. 3) for Special Additional Duty (SAD).
3. Commissioner's decision on the conditions for exemption under the notifications.
4. The correct application of conditions for exemption from SAD under Notification No. 34/98-Cus.

Analysis:
1. The case involved the import of a Printing Machine by the Respondents seeking exemption from basic customs duty and Special Additional Duty under Notification No. 94/96-Cus. and Notification No. 34/98 (Sr. No. 3). The Assistant Commissioner initially charged Customs Duty equivalent to Central Excise duty not paid at the time of export, along with a special additional duty. The Commissioner of Customs (Appeals) later ruled that re-imported goods are exempt from various duties under the notifications upon fulfilling conditions, leading to the Revenue's appeal.

2. The Tribunal examined the Notification No. 94/96-Cus. and concluded that re-imported goods are exempted from specific customs duties based on the amount of Central Excise duty not paid. It emphasized that the Customs Act does not authorize the levy of Central Excise duty on imported goods. The Tribunal clarified that the exemption under the notification is from Customs duty, not Central Excise duty, and the interpretation otherwise is incorrect.

3. Regarding Notification No. 34/98-Cus., the Tribunal highlighted the specific conditions for exemption eligibility, emphasizing that goods must be wholly exempted from certain customs duties to qualify for exemption from SAD under Sr. No. 3 of the notification. The Tribunal found that the goods in question did not meet the criteria for full exemption from the required duties, thus not qualifying for SAD exemption under the notification.

4. The Tribunal criticized the Commissioner's interpretation of the conditions for exemption under the notifications. It clarified that payment of Central Excise duty not paid at the time of export is not a condition for exemption from all types of customs duty, including SAD, under Notification No. 94/96-Cus. and Notification No. 34/98-Cus. The Tribunal held that the goods did not fall within the scope of the notifications for full exemption, leading to the allowance of the Revenue's appeal and the dismissal of the Respondents' cross-objection.

This detailed analysis clarifies the Tribunal's interpretation of the notifications and the conditions for exemption from customs duties and Special Additional Duty in the case.