2017 (3) TMI 762 - AT - Customs

Project import - whether the items i.e. field joint coating material, welding electrodes, magnetic ribbon and welding material are eligible for concessional rate of duty as per N/N. 11/97-Cus. under serial No.226 or otherwise? - Held that - the sponsoring Ministry i.e. Ministry of Petroleum and Natural Gases has issued an Essentiality Certificate to the appellant along with the list of items that could be imported by the appellant, which included the items which are imported and the benefit of concessional rate of duty under project import was sought - On the face of such Essentiality Certificate which has been given by the Government of India, Ministry of Petroleum and Natural Gases, the adjudicating authority coming to the conclusion that the project imports facility cannot be extended to the appellant is totally incorrect finding - appeal allowed - decided in favor of appellant.

Summary

Issues:
Whether imported items are eligible for concessional rate of duty under Notification 11/97-Cus. under serial No.226.

Analysis:
The appeal concerned the import of materials for the Mumbai-Manmad pipeline project, where the appellant entered into a contract with Bharat Petroleum Corporation Ltd. (BPCL) for laying the pipeline. The appellant imported various items for the project, which were questioned by the lower authorities regarding the assessment of duty. The adjudicating authority confirmed the demand of differential duty, penalties, and confiscation of goods, considering them as consumables rather than capital goods eligible for project imports.

The appellant argued that the items imported were for the Mumbai-Manmad pipeline project, covered under Notification 160/95, and should have been assessed at the rate of project import. The department contended that only capital goods, not consumables, are permitted for project imports. The main issue was whether the imported items were eligible for concessional duty under Notification 11/97-Cus. under serial No.226.

The Tribunal noted that the Essentiality Certificate issued by the Ministry of Petroleum and Natural Gases recommended the appellant's name for availing project imports for the Mumbai-Manmad pipeline project. The adjudicating authority failed to consider that the project was registered by the department in the names of both BPCL and the appellant, making the appellant eligible for the project import benefit. Referring to judicial precedents, including Zuari Industries Ltd. vs. CCE, the Tribunal emphasized the importance of Essentiality Certificates in proving eligibility for exemption notifications.

Citing the decision in CC vs. Tullow India Operations Ltd., the Tribunal reiterated that Essentiality Certificates serve as proof that importers have fulfilled conditions for exemption benefits. Based on authoritative judicial pronouncements and the Essentiality Certificate issued to the appellant, the Tribunal held that the impugned order was unsustainable. Consequently, the Tribunal set aside the order and directed the lower authorities to finalize the assessment as per the Project Import Regulations.

In conclusion, the Tribunal's decision focused on the eligibility of imported items for concessional duty under project imports, emphasizing the significance of Essentiality Certificates and judicial precedents in determining eligibility for exemption notifications. The judgment highlighted the need for a liberal interpretation of exemption clauses once the eligibility criteria are satisfied, ultimately allowing the appeal and directing assessment as per Project Import Regulations.