2006 (7) TMI 208 - SC - Customs

Classification of goods - auxiliary equipment - Classification under Chapter heading 8428.39 or under heading 98.01 - Held that - Mobile Continuous Ship Unloader imported by the assessee would be covered by the expression auxiliary equipment of the industrial plant (fertilizer plant) mentioned under heading 98.01 - In pursuance to the said decision, the respondent-assessee, during the pendency of this case, has already been reimbursed 90% of the customs duty paid by it on the import of the fertilizer plant, including the Mobile Continuous Ship Unloader . From this also, it is clear that the Mobile Continuous Ship Unloader imported by the respondent was an equipment auxiliary to the main fertilizer plant - Decided against Revenue.

Summary

Issues: Classification of imported equipment under customs duty - Applicability of heading 98.01 vs. Chapter heading 8428.39.

Analysis:
The Supreme Court of India, comprising Ashok Bhan and Markandey Katju, JJ., heard the case concerning the classification of the "Mobile Continuous Ship Unloader" imported by M/s. Paradeep Phosphates Ltd. for setting up a fertilizer plant at Paradeep Port. The respondent-assessee contended that the duty should be assessed under heading 98.01, while the appellant argued for imposition under Chapter heading 8428.39. The Customs Excise & Gold (Control) Appellate Tribunal had previously ruled that the equipment falls under the category of "auxiliary equipment" of the industrial plant (fertilizer plant) as per heading 98.01.

Upon reviewing the relevant entries and the Tribunal's order, the Supreme Court concurred with the Tribunal's findings that the Mobile Continuous Ship Unloader qualifies as "auxiliary equipment" of the industrial plant (fertilizer plant) under heading 98.01. The Court noted that the Government of India, Ministry of Chemical and Fertilizers, had decided to reimburse 90% of the customs duty on capital equipment imported by new fertilizer plants. Consequently, the respondent-assessee had already been reimbursed 90% of the customs duty paid on the import of the fertilizer plant, including the 'Mobile Continuous Ship Unloader', indicating that the equipment was indeed auxiliary to the main fertilizer plant.

In light of the above considerations, the Supreme Court found no merit in the appellant's appeal and dismissed it, directing each party to bear their respective costs.