2008 (4) TMI 253 - AT - Customs

Claim for benefit of Not. 21/99 - Since assessee purchased the scrap on as is where is basis condition and having received the goods without insisting on prior weighment, the appellants have lost their case for pleading variation in quantity of scrap received by them - we uphold the order of the Comm. (A) as regards the weight of the scrap for the purpose of assessment and remand the matter to the adj. authority to finalise the value of the consignment and work out the duty liability afresh

Summary

Issues:
1. Discrepancy in quantity of imported melting scrap.
2. Valuation of the imported goods for duty assessment.

Analysis:

Issue 1: Discrepancy in quantity of imported melting scrap
The case involved the import of melting scrap by M/s. Garg Casteels Ltd. for use in the induction furnace under Notification No. 21/99. The Bill of Entry was provisionally assessed, with subsequent modifications by the Assessing Officer. The appellant failed to produce the end-use certificate, leading to a show cause notice for differential duty based on revised quantity and value. The Commissioner (Appeals) disagreed with the adjudicating authority on the quantity of scrap imported, holding the invoice quantity of 2635.700 MTs as the basis for assessment. The appellant argued for a lower quantity of 2594.310 MTs, supported by an end-use certificate. However, the Commissioner (Appeals) upheld the higher quantity, considering the goods transferred to the Customs bonded warehouse. The Tribunal found that the appellant's claim based on weighment at the factory was not acceptable, as they had accepted the invoice quantity without prior weighment, leading to a loss in the case.

Issue 2: Valuation of the imported goods for duty assessment
Regarding the valuation issue, the Tribunal noted that the assessment order dated 2-12-1999 was provisional due to the absence of the necessary end-use certificate. The Deputy Commissioner observed that the exemption sought was end-use based, requiring provisional assessment under Section 18(1)(a) of the Customs Act, 1962. The appellant failed to comply with the required formalities by the deadline set by the High Court, leading to provisional assessment. The Tribunal upheld the Commissioner (Appeals) decision on the weight of the scrap but remanded the matter to finalize the value of the consignment for a fresh duty liability calculation. The appeal was disposed of accordingly.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision on the quantity of scrap imported but remanded the valuation issue for a fresh assessment, emphasizing the provisional nature of the initial assessment order.