2002 (3) TMI 78 - CGOVT - Customs

Summary

Issues:
1. Determination of drawback under Section 74(2) of the Customs Act
2. Interpretation of the phrase "used after the importation thereof"
3. Eligibility for drawback based on the commercial use of imported machinery

Analysis:

1. The case involves a Revision Application against an Order passed by the Commissioner of Customs regarding the sanctioning of drawback for re-exported machinery. The appellant claimed a drawback of Rs. 26,77,888, but it was sanctioned at 60% of the duty paid due to the machine being used after importation. The issue to be determined is whether the sanctioning of drawback under Section 74(2) based on the usage of goods post-importation was correct.

2. The appellant argued that the machinery imported was not used for commercial activity, thus challenging the interpretation of the phrase "used after the importation thereof" in Section 74(2) of the Customs Act. The contention was that the machine did not serve its intended purpose and could not meet specific requirements, leading to a claim for a higher drawback percentage.

3. The Government reviewed the submissions and upheld the decision of the Commissioner of Customs. It was noted that the machine had been unpacked, installed, and exported after being in operation for a period, which was considered as usage under Section 74(2). Citing a precedent from the Karnataka High Court, it was established that even a short operational period for demonstration constituted usage, making the appellant eligible for drawback only under Section 74(2) and not Section 74(1) of the Customs Act.

4. Ultimately, the Government concluded that the machine had indeed been used post-importation, as it was unpacked, installed, and operated for a certain period before the need for replacement was identified. Therefore, the appeal for a higher drawback percentage was rejected, and the order of the Commissioner of Customs was upheld, emphasizing the broad interpretation of the term "used after importation" in the context of claiming drawback under Section 74(2) of the Customs Act.