2009 (1) TMI 369 - AT - Customs

Import of medical equipment by claiming exemption under Notification No. 64/88-Cus. appellant have not submitted the certificate required under Notification No. 64/88 from the Ministry of Health and Welfare certifying them to be a charitable institution and therefore the benefit under Notification No. 64/88-Cus. cannot be extended - They have alternatively also claimed exemption under Notification No. 70/81 - benefit of Notification No. 70/81 cannot be extended to them due to non-furnishing of a certificate to Assistant Commissioner of Customs from concerned Ministry to the effect that the import of goods in respect of which the exemption is claimed is essential for research and the imported goods shall be used only for such purposes - held that even after rescission of notification No. 64/88, confiscation of goods and demand of duty and imposition of penalty cannot be faulted

Issues:
1. Claim of exemption under Notification No. 64/88-Cus. dated 1-3-83 for imported medical equipment.
2. Failure to fulfill conditions of the exemption leading to confiscation of goods, duty demand, and penalty imposition.
3. Denial of alternative pleas for exemption under other notifications.
4. Cancellation of CDEC certificates and its impact on entitlement to benefit under the notification.
5. Rejection of claims for exemption under Notification No. 70/81 and category-1 of Notification No. 64/88.

Detailed Analysis:

1. The case involved an appeal by M/s. Vivekanand Medical Research Society regarding the import of medical equipment claiming exemption under Notification No. 64/88-Cus. Investigations revealed non-compliance with conditions, leading to a show cause notice for confiscation of goods worth Rs. 27,22,289/-, duty demand of Rs. 45,58,840/-, and a penalty under Section 112(a) of the Customs Act, 1962. The Commissioner adjudicated the matter, confiscating the goods with an option for redemption, confirming a duty demand of Rs. 10,88,916/-, and imposing a penalty of Rs. 20,000/-.

2. The appellants failed to maintain records showing fulfillment of conditions, resulting in the cancellation of CDEC certificates. The denial of the notification benefit was upheld citing legal precedents, including the Supreme Court and High Court decisions, emphasizing the continuous obligation to maintain records for entitlement to exemptions. The judgment in the case of Pavara Medical Trust reiterated that once CDECs are canceled, the benefit of Notification No. 64/88 cannot be extended, leading to confiscation and duty payment.

3. The appellants' alternative pleas for exemption under category-1 of Notification No. 64/88 and Notification No. 70/81 were rejected. They could not provide the required certificates certifying them as a charitable institution or essential for research purposes, as mandated by the respective notifications. The judgment highlighted that even after the rescission of a notification, confiscation of goods, duty demand, and penalty imposition could be upheld for post-import violations.

4. The cancellation of CDEC certificates due to the inability to produce records impacted the appellants' entitlement to the exemption under the notification. Legal precedents and the continuous obligation to maintain records for providing free treatment were cited to support the denial of benefits based on the canceled certificates.

5. The rejection of claims for exemption under Notification No. 70/81 and category-1 of Notification No. 64/88 was based on the appellants' failure to submit the required certificates, essential for claiming the exemptions under the respective notifications. The judgment emphasized the necessity of fulfilling all conditions and submitting the mandated certificates to avail of the exemption benefits.

This comprehensive analysis of the judgment highlights the issues, legal arguments, and precedents considered in the decision regarding the appellants' claim for exemption and the subsequent denial based on non-compliance with conditions and lack of required certificates.

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