2018 (8) TMI 1604 - AT - Customs

Whether the appellant is eligible for clearance of the imported goods under SHIS scheme as per Customs Notification No.104/2009 dated 11.9.2009? Held that - The said issue has been elaborately dealt by the Tribunal in the appellant s own case COMMISSIONER OF CUSTOMS, CHENNAI VERSUS M/S. JSW STEEL LTD. 2015 (10) TMI 2392 - CESTAT CHENNAI , wherein the Tribunal rejected the appeal of the Revenue holding that the importer is eligible for benefit of the above notification under SHIS scheme for the clearance of the imported goods - the appellant is eligible for the benefit of the Notification - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Eligibility for clearance of imported goods under SHIS scheme as per Customs Notification No.104/2009 dated 11.9.2009.

Analysis:

The judgment by the Appellate Tribunal CESTAT CHENNAI involved a case where the appellant, a manufacturer of steel products with manufacturing facilities at multiple locations in India, applied for zero duty EPCG licenses under the Foreign Trade Policy to import capital goods for capacity upgradation and expansion. The appellant imported some capital goods by debiting duty against the EPCG license and the remaining against Status Holders Incentive Scrips (SHIS). A show cause notice was issued demanding differential customs duty for imports through different ports, confirmed by the adjudicating authority amounting to ?72,46,21,356 along with interest, leading to the appeal.

The primary issue considered in the appeal was the eligibility of the appellant for clearance of imported goods under the SHIS scheme as per Customs Notification No.104/2009 dated 11.9.2009. The Tribunal referred to a previous case where it was held that the appellant was eligible for the benefit of the notification under the SHIS scheme for clearance of imported goods. Relying on the precedent, the Tribunal in the current case held that the appellant is indeed eligible for the benefit of the Notification. Consequently, the impugned order demanding differential customs duty and interest was set aside, and the appeal was allowed with any consequential relief.

In conclusion, the judgment by the Appellate Tribunal CESTAT CHENNAI clarified the eligibility of the appellant for the benefit of the Customs Notification No.104/2009 under the SHIS scheme for clearance of imported goods. The decision was based on a previous ruling in a similar case, affirming the appellant's entitlement to the benefit. This resolution overturned the demand for differential customs duty and interest, providing relief to the appellant.