2002 (8) TMI 179 - AT - Customs

Summary

Issues:
1. Classification of goods under Project Import Regulations, 1986.
2. Recovery of duty amounting to Rs. 19,64,03,562 for goods lost at sea.
3. Finalization of assessments under Customs Act, 1962.
4. Application of proviso to Section 28 of the Customs Act.
5. Justification for demanding differential duty on lost goods.
6. Imposition of penalty on the appellant.
7. Compliance with Regulation 7 of Project Import Regulations.
8. Consideration of replacement parts under project rates.
9. Liability for differential duty on goods not used in the project.
10. Jurisdiction of the Project Import Registered officer.

Analysis:
1. The appellants registered themselves under Project Import Regulations, 1986 for importing power equipment to set up a power plant. They imported a gas turbine and generator, which were lost at sea due to a storm. A show cause notice was issued for recovery of duty on the lost goods.
2. The Commissioner confirmed the duty demand but refrained from imposing a penalty. The order was passed before the final consignment was received, raising concerns about the provisional nature of the assessments.
3. The Tribunal found that the goods were irretrievably lost and could not be used for the intended purpose. The assessments should have been finalized only after the last consignment arrived, as per Regulation 7 of the Project Import Regulations.
4. The Tribunal referred to a previous decision allowing replacement parts to be imported under project rates. It disagreed with the Commissioner's view on negligence and held that the goods' destruction did not disentitle subsequent imports at project rates.
5. The Tribunal emphasized the importance of complying with the conclusions reached in a Commissioners' Conference, which bound the Revenue. It rejected the demand for differential duty on goods not used in the project.
6. The Tribunal held that once goods were cleared under Project Import Regulations, there should be no additional liability for differential duty if the goods were not used elsewhere or were destroyed. The liability would only arise if the clearances were used for purposes other than the registered projects.
7. The Tribunal set aside the duty demand, stating that there could be no partial finalization of provisional assessments for project imports. It left other issues open, including the jurisdiction of the Project Import Registered officer.