1999 (1) TMI 140 - AT - Customs

Summary

Issues:
- Assessment of duty on imported ship for breaking
- Applicability of Customs Act and Tariff
- Claim for refund and Modvat credit

Assessment of Duty on Imported Ship for Breaking:
The appellant, engaged in breaking old ships, imported a vessel with a certified Light Displacement Tonnage (LDT) of 4675 long tons. Despite evidence of removal of 110 long tons (five cranes), the duty was assessed on 4785 long tons, resulting in excess duty payment. The appellant claimed a refund, citing Customs Act provisions for remission of duty on lost or destroyed goods. However, the authorities rejected the claim, considering the import as a whole under the Import Policy and Customs Tariff Act. The stability book, crucial for duty assessment, lacked amendment regarding the removed cranes, leading to duty calculation discrepancies.

Applicability of Customs Act and Tariff:
The lower authorities upheld the duty assessment based on the stability book's LDT, as per Section 12 of the Customs Act and Chapter 89 of the Customs Tariff Act. The appellant's argument for remission under Section 23 of the Customs Act was dismissed due to the vessel's intended purpose for breaking, not constituting loss or destruction of goods. The duty calculation at 1000 per LDT under Chapter 89 was deemed appropriate, emphasizing the significance of the stability book in determining duty liability.

Claim for Refund and Modvat Credit:
Despite paying duty on 4785 long tons and claiming Modvat credit, the appellant sought a refund for the excess duty paid. The authorities denied the refund, noting the appellant's acknowledgment of the duty amount by claiming Modvat credit during ship breaking. The appellant's inconsistent stance on duty payment and credit eligibility led to the rejection of the refund claim, as the duty assessment was deemed proper based on the stability book's information.

In conclusion, the appeal was dismissed, affirming the duty assessment on the imported ship for breaking as per the stability book's LDT, in alignment with Customs Act provisions and Customs Tariff Act regulations. The denial of the refund claim was justified due to the appellant's utilization of Modvat credit while paying duty, indicating acceptance of the duty amount charged.