1983 (4) TMI 171 - AT - Customs

Summary

Issues Involved:
1. Applicability of Exemption Notification No. 29/79-Cus., dated 10th February 1979.
2. Legitimacy of the refund granted and subsequent recovery of the refunded amount.
3. Interpretation of "embellishments for footwear" under the exemption notification.

Issue-wise Detailed Analysis:

1. Applicability of Exemption Notification No. 29/79-Cus., dated 10th February 1979:
The primary issue in the appeal was whether the imported goods qualified for the concessional rate of duty under Exemption Notification No. 29/79-Cus., dated 10th February 1979. The importers argued that the imported P.O. leather cloth should be classified under "other embellishments for footwear" as mentioned in the notification. The Tribunal referenced previous cases, specifically the orders in M/s. Allibhoy Mohamed v. Collector of Customs, Bombay and M/s. P. Hira, Bombay v. The Collector of Customs, Bombay, which had resolved similar disputes in favor of the importers. The Tribunal concluded that the imported goods in the present case were indeed covered by the exemption notification, thus entitling the importers to the concessional rate of duty.

2. Legitimacy of the Refund Granted and Subsequent Recovery of the Refunded Amount:
The importers had initially paid the assessed duty at 100% + 20% + CVD but later claimed a refund on the basis that the duty leviable should be 40% under the exemption notification. The Assistant Collector admitted the claim and refunded the excess duty amounting to Rs. 4,25,052.08. However, a show cause notice was later issued, arguing that the refund was erroneously granted as the imported goods in running lengths could not be considered "embellishments for leather footwear." The Assistant Collector ordered the recovery of the refunded amount, a decision which the importers challenged. The Tribunal, relying on the judgments in P. Hira's case and Allibhoy Mohamed's case, held that the goods were entitled to the concessional rate of duty, thereby invalidating the recovery of the refunded amount.

3. Interpretation of "Embellishments for Footwear" Under the Exemption Notification:
The Tribunal had to interpret whether the imported goods in running lengths could be classified as "embellishments for footwear." The Revenue argued that the goods could be used in multiple fields and thus did not qualify as embellishments. The Tribunal, however, referred to the P. Hira's case where it was established that the predominant use of the goods as embellishments for footwear was sufficient for classification under the exemption notification. The Tribunal emphasized the importance of trade practice and expert opinion, noting that the imported materials were predominantly used for embellishing footwear. The Tribunal rejected the argument that the goods' potential for other uses disqualified them from the exemption, affirming that the goods imported by the appellant were indeed "embellishments for footwear" as per the notification.

Conclusion:
The Tribunal concluded that the imported goods were covered under Exemption Notification No. 29/79-Cus., dated 10th February 1979, thus entitling the importers to the concessional rate of duty. Consequently, the recovery of the refunded amount was deemed unjustified. The Tribunal's decision was grounded on the precedence set by the judgments in P. Hira's case and Allibhoy Mohamed's case, which had addressed similar issues and established the applicability of the exemption notification to similar imports. The stay order issued on 14th February 1983 was accordingly discharged.