2010 (3) TMI 637 - AT - Customs

Import of Chiller Unit which contained the restricted substance, namely, R-22 Held that - appellants imported a Chiller Unit, which is a component of the Injection Moulding Machine under a license granted to the appellant-EOU machinery is not of the category specified under the list of restricted equipment, hence no fine or penalty.

Summary

Issues:
Import of refrigeration equipment containing restricted substances without a specific license.

Analysis:
The case involved the import of a Chiller Unit, a component of an Injection Moulding Machine, containing Group VI Ozone Depleting Substance R-22, without a specific license for the Chiller Unit. The appellant argued that the import was covered by a general license granted to the EOU. The main contention was whether the Chiller Unit fell under the category of restricted machinery and if the general license for the EOU covered the import of the Chiller Unit.

During the hearing, the appellant's advocate contended that the Chiller Unit did not fall under the list of restricted machinery and that the import was permissible under the general license granted to the EOU. On the other hand, the SDR representing the respondent argued that since the appellants did not possess a specific license for the Chiller Unit containing the restricted substance R-22, the imposition of fine and penalty was justified.

Upon careful consideration of the arguments presented by both sides, the Member (T) of the Appellate Tribunal found that the Chiller Unit, being a part of the Injection Moulding Machine, was not among the specified restricted machinery. Additionally, it was established that the appellants held a general license for the EOU, under which the import of the impugned goods was permitted. Therefore, the Member (T) concluded that the benefit of doubt should be extended to the appellants in this case.

As a result of the analysis, the impugned order imposing redemption fine and penalty was set aside, and the appeal was allowed. The judgment highlighted the importance of ensuring compliance with specific licensing requirements for restricted substances while also emphasizing the need to consider the scope of general licenses granted to entities for import purposes.