2009 (5) TMI 416 - AT - Customs

Exemption- Notification No. 21/2002-Cus.- The respondents imported an old and used Cutter Suction Dredger in operational condition along with Standard spares and accessories, pipes , etc. including Multicat-2 numbers and Anchor Boat - 1 number and Dredging Pumping Unit to be used with Cutter Suction Dredger- 2 numbers, Engines -2 numbers along with Standard spares and accessories under Charter Agreement between Jung Hsing Marine Construction Co. Ltd. and the Respondent on re-export basis. The goods were classified under Chapter Heading 8905 10 00 of the Customs Tariff Act, 1975 claiming the benefit of NIL rate of duty under Notification No. 21/2002-Cus., dated 1-3-2002. The Assistant held that benefit of exemption notification was not given to those goods which are not integral parts of the dredger. The respondents appealed to the Commissioner (Appeals). The Commissioner (Appeals) partially allowed the appeal of the respondent and held that the following goods falling under Chapter 89051000 of the Customs Tariff Act, 1975 would be entitled for the benefit of the exemption notification. In the light of the decision of Commissioner of Customs, Tuticorin v. Jan De Nul N.V. - held that- the commissioner (Appeals) has not taken into account exclusion clause. In view of this, there is merit in Revenue s appeal and we allow the same by setting aside the impugned order and restoring the order-in-original.

Summary

Issues:
Classification of imported goods under Chapter Heading 8905 10 00 for duty exemption under Notification No. 21/2002-Cus.; Interpretation of whether certain goods are integral parts of the dredger; Ownership and usage of imported goods; Applicability of exemption notification to specific goods; Consideration of Section Notes for classification of goods.

Classification of Imported Goods:
The case involved the classification of imported goods under Chapter Heading 8905 10 00 for duty exemption under Notification No. 21/2002-Cus. The respondents imported a "Cutter Suction Dredger" along with various accessories and spare parts. The Assistant Commissioner and the Commissioner (Appeals) had differing opinions on whether certain goods were integral parts of the dredger entitled to exemption benefits. The Tribunal considered the ownership, usage, and nature of the goods in question to determine their classification.

Ownership and Usage of Imported Goods:
The Tribunal noted that at the time of import, the goods were under different ownership, and the importer purchased some goods for regular usage, not exclusively for the dredger. The issue of whether the dredging pumps and engines were specifically purchased for the dredger or for regular usage was a crucial point of contention. The Tribunal analyzed the nature of the transaction, distinctiveness of the goods, and their independent usage to decide on their classification.

Applicability of Exemption Notification:
The Commissioner (Appeals) partially allowed the appeal, granting exemption benefits to specific goods considered integral parts of the dredger. However, the Revenue appealed, arguing that the Commissioner did not provide sufficient reasons for treating certain goods as integral parts. The Tribunal examined the grounds of appeal, including the distinct nature of the goods, separate suppliers, and the applicability of previous judgments to determine the eligibility of goods for exemption under the notification.

Consideration of Section Notes:
The Tribunal referred to the exclusion clause in Section XVII regarding the classification of goods. The Commissioner (Appeals) had not taken into account this exclusion clause, which influenced the Tribunal's decision. By considering the Section Note that excludes certain articles from being classified as parts, the Tribunal found merit in the Revenue's appeal and set aside the impugned order, restoring the Order-in-Original. The Tribunal's decision was based on a thorough analysis of the classification criteria and legal provisions relevant to the case.