1998 (9) TMI 225 - AT - Customs

Summary

Issues:
1. Alleged non-compliance with conditions of Notification 64/88-Cus.
2. Requirement of certificate from Ministry of Health and Family Welfare.
3. Interpretation of conditions (a), (b), and (c) of para 2 of the table to the notification.

Analysis:

1. The case involved the importation of a CT Max Whole Scanner System, with duty assessed under Tariff Heading 9018.19. The appellant received the benefit of Notification 64/88-Cus. based on a certificate from the Directorate General of Health Services (DGHS). However, subsequent show cause notices were issued alleging non-compliance with conditions (a), (b), and (c) of the notification, leading to a demand for duty amounting to Rs. 59,03,033.30. The appellant argued that they continued to provide free services as required by the notification, despite discrepancies in patient data.

2. The Commissioner of Customs, Delhi, held that the essential condition of a certificate from the Ministry of Health and Family Welfare, as stipulated in the notification, was not fulfilled. The appellant contended that the DGHS certificate sufficed for availing the exemption benefit at the time of clearance. The Commissioner's decision was challenged on the grounds that the requirement of a Ministry certificate was not explicitly mentioned in the show cause notice, thus exceeding the scope of the allegations.

3. The Appellate Tribunal agreed with the appellant, noting that the show cause notice focused on non-fulfillment of specific conditions in the notification, not on the absence of a Ministry certificate. The Tribunal found that the Commissioner had strayed beyond the allegations in the notice by introducing the Ministry certificate requirement. It was emphasized that the post-importation condition of a Ministry certificate was not raised by the Revenue or the adjudicating authority, leading to the setting aside of the impugned order and granting relief to the appellant.

In conclusion, the judgment centered on the proper interpretation of the conditions of Notification 64/88-Cus., highlighting the significance of adhering to the specific requirements outlined in the notification and the scope of allegations in a show cause notice. The Tribunal's decision underscored the importance of procedural fairness and adherence to the issues raised in the notice during adjudication.