2008 (1) TMI 46 - AT - Central Excise

Exemption Assessee can t avail the exemption notification on the ground that they paid less duty against prescribed under said notification and tribunal upheld the order of lower authority

Summary

Issues:
Availability of exemption under Notification No.103/87-CE for goods obtained from breaking up of a ship cleared by the appellant during a specific period.

Analysis:
The dispute in the present appeal revolves around the interpretation of Notification No.103/87-CE and its conditions regarding the payment of customs duty at a specified rate of Rs.1400 per light displacement tonnage (LDT) for ships from which goods are obtained through breaking up. The appellant imported the ships in question at a time when the duty rate was lower than Rs.1400 per LDT. The appellant's argument that they should still be entitled to the exemption based on the duty rate prevailing at the time of importation was rejected by the tribunal.

The tribunal held that even though the ships had paid the correct duty rate at the time of importation, the specific condition of Notification No.103/87-CE requiring duty payment at Rs.1400 per LDT was not met. The tribunal emphasized that the scope of the notification cannot be extended to cover goods obtained from ships imported before the specified duty rate came into effect. Therefore, since the condition of the notification was not fulfilled, the tribunal upheld the lower authority's decision to deny the appellant the benefit of the exemption.

In conclusion, the tribunal rejected the appellant's appeal, affirming that the benefit of the exemption under Notification No.103/87-CE was not available due to the failure to meet the prescribed condition of paying customs duty at Rs.1400 per LDT. The judgment highlights the importance of strict adherence to the conditions specified in notifications for claiming exemptions under customs laws.