2003 (10) TMI 71 - HC - Customs

Summary

Issues:
1. Whether the imported vessel "M.V. Sea Transporter" was entitled to be exempted from duty under the Customs Act under Notification No. 133/87-Cus.
2. Applicability of Section 23 of the Customs Act, 1962 to the third section of the imported vessel "M.V. Sea Transporter" which was broken up into three sections.
3. Whether the evidence of "loss" was required for the applicability of Section 23 of the Customs Act, 1962 to the third section of the imported vessel "M.V. Sea Transporter".

Analysis:

1. The Commissioner of Customs and Central Excise sought reference of questions of law regarding the exemption of duty for the imported vessel "M.V. Sea Transporter" under Notification No. 133/87-Cus. The Tribunal allowed the appeal, stating that the vessel became a wreck due to a cyclone, two sections were cleared for home consumption after duty payment, and the third section sank in the sea. The Tribunal held that the third section was entitled to exemption under the notification and was also eligible for remission of duty under Section 23 of the Customs Act, 1962, as it was lost at sea before clearance for home consumption.

2. The Tribunal's decision rendered the reference application unnecessary as the questions raised were factually addressed in the appeal judgment. The Tribunal's findings on the exemption under Notification No. 133/87-Cus and the applicability of Section 23 of the Customs Act to the lost section of the vessel were conclusive. Therefore, the High Court rejected the application for reference, stating that there was no need to consider the legal applicability of Section 23 separately when the appeal decision adequately covered the issues raised.

3. The judgment highlights that when a vessel intended for importation is damaged and subsequently broken up due to unforeseen circumstances like a cyclone, the applicability of duty exemptions and remission under the Customs Act depends on the specific circumstances of the case. In this instance, the Tribunal's decision to grant exemption and remission for the lost section of the vessel was based on the factual situation where duty had been paid for the salvageable sections, and the third section was deemed lost at sea. This case underscores the importance of considering the unique facts and events surrounding imported goods when determining their customs duty liabilities and exemptions under relevant notifications and legal provisions.