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Issues involved:
Whether the benefit of Notification No. 80/70-Cus., dated 29-8-I970 is available to the goods imported for replacement of defective articles or components. Analysis: 1. Issue of Notification Benefit: The main issue in the appeals filed was whether the benefit of Notification No. 80/70-Cus. was applicable to the goods imported for replacing defective articles or components. The appellant argued that the imports were covered by a supplier's warranty for faultless performance, inclusive of repair replacement free of charge. They contended that the imported goods, when replaced, should be eligible for the notification's benefit. The Department, however, argued that the benefit was not applicable as the replacements were for trade goods and not private/personal property of the importer. The appellant further argued that the condition regarding repair and replacement through the agent or branch did not apply to their case as their imports fell under the first type of replacement, where the defective articles themselves were replaced and imported free of charge. They cited the principle of Lex non cogit ad impossibilia and relied on a previous decision to support their argument. 2. Interpretation of Notification Conditions: The conditions of Notification No. 80/70-Cus. were analyzed in detail. Condition No. (i) required the defective articles to be private personal property of the importer. The appellant argued that this condition was satisfied as the defective articles were their property at the time of import. The Tribunal referred to a previous judgment to support the interpretation of the term "Person" under the General Clauses Act. Condition No. (iii) mandated that repairs, including replacement, should be done free of charge by the manufacturer through their agent or branch in India. The Commissioner (Appeals) found that this condition was not met as the manufacturer did not have a branch or agent in India for such repairs. The Tribunal emphasized the strict construction of exemption notifications and the necessity for clear compliance with specified conditions. 3. Application of Legal Maxims: The appellant argued for the application of the legal maxim 'lex non cogit ad impossibilia' in their case. However, the Tribunal held that this maxim was not applicable to the facts presented. They cited a recent Supreme Court case to support their stance that the benefit of a notification is subject to the conditions specified therein. The Tribunal highlighted that if a manufacturer did not have an agent or branch in India for repair and replacement, the benefit of the notification would not be available. Therefore, the Tribunal rejected all the appeals filed by the appellants, finding no infirmity in the impugned order. In conclusion, the Tribunal upheld the decision that the benefit of Notification No. 80/70-Cus. was not applicable to the goods imported by the appellants for replacement of defective articles or components due to non-compliance with the conditions specified, particularly regarding repair and replacement through the manufacturer's agent or branch in India. The judgment emphasized the strict interpretation of exemption notifications and the necessity for clear compliance with all specified conditions for availing benefits.
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