2018 (3) TMI 1556 - AT - Customs

Benefit of N/N. 52/2003-Cus. dated 31.3.2003 - denial of exemption on the ground that the re-import had taken place after the stipulated time period of one year - Held that - reliance placed in the case of KAR MOBILES LTD. Versus COMMISSIONER OF CUS., BANGALORE 2006 (5) TMI 362 - CESTAT, BANGALORE , where reliance placed in Board s circular No.60/99 wherein the limitation of one year for re-import of the goods was relaxed - benefit cannot be denied on time limitation - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Interpretation of Notification No.52/2003-Cus regarding the time period for re-import of goods.
2. Applicability of Board circular No.60/99 in relaxing the time limitation for re-import.
3. Validity of the Commissioner (Appeals) decision based on the judgment of Kar Mobiles Ltd. and Supreme Court's ruling.

Analysis:
1. The case involved a dispute where the respondent imported goods and claimed the benefit of Notification No.52/2003-Cus, which required re-import within one year from the date of export. The Revenue contended that the exemption was not applicable due to re-import occurring after the stipulated time period.

2. The Assistant Commissioner (AR) for the Revenue argued that Notification No.52/2003 mandated re-import within one year for eligibility, and non-compliance would result in the denial of benefits. The absence of compliance with this condition was emphasized by the Revenue.

3. The Commissioner (Appeals) allowed the respondent's appeal, citing the judgment of Kar Mobiles Ltd. and the Supreme Court's affirmation. The Commissioner relied on Board circular No.60/99, which provided relaxation for the one-year limitation on re-import. The Commissioner concluded that the delay in re-import was a technical lapse and endorsed the respondent's entitlement to the benefit of Notification No.52/2003.

4. The Member (Judicial) upheld the Commissioner (Appeals) decision, noting that the reliance on the Kar Mobiles Ltd. judgment, which considered Board circular No.60/99, was appropriate. The order was reasoned and based on settled issues, as upheld by the Supreme Court. Consequently, the impugned order was upheld, and the Revenue's appeal was dismissed.

This comprehensive analysis highlights the interpretation of Notification No.52/2003-Cus, the relevance of Board circular No.60/99 in relaxing time limitations, and the validity of decisions based on precedent judgments and Supreme Court rulings.