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1999 (9) TMI 249 - AT - CustomsAcrylic plastic sheets (imported) manufactured in the foreign country out of scrap of plastic
Issues: Interpretation of conditions under Col. 5 of the Table at Sl. No. 32 of Notification No. 53/88-C.E. regarding levy of counterveiling duty on Acrylic Plastic Sheets manufactured from scrap of plastics.
In this appeal, the issue pertains to the interpretation of the conditions under Col. 5 of the Table at Sl. No. 32 of Notification No. 53/88-C.E. The matter involves M/s. A.N. Sons, where the Commissioner of Customs (Appeals) had ruled that no counterveiling duty under Section 3 of the Customs Tariff Act, 1975 was applicable on Acrylic Plastic Sheets made from plastic scrap, as there was no specific condition regarding the payment of duty for the scrap of plastics mentioned in the notification. The respondents had imported these sheets without paying the additional duty, citing the origin of the sheets from plastic scrap. Upon examination, it was found that the exemption for Acrylic Plastic Sheets under Heading No. 39.20 of the Central Excise Tariff applied if they were produced from specific materials, including scrap of plastics, subject to the condition that the materials had paid excise duty or counterveiling duty. The Commissioner's interpretation that the due payment condition applied only to methyl methacrylate monomer was deemed incorrect. The primary forms of plastics and scrap of plastics used in manufacturing these sheets were also required to fulfill the due payment condition, as they were chargeable to appropriate duty rates. The Tribunal disagreed with the Commissioner's view, emphasizing that the due payment condition extended to artificial resin or plastic materials and scrap of plastics, not just methyl methacrylate monomer. The case law cited by the appellate authority was deemed irrelevant, as the Notification needed to be considered in its entirety without dissecting it. Ultimately, the Tribunal set aside the Commissioner's order, allowing the Revenue's appeal and requiring due payment for all materials involved in the production of Acrylic Plastic Sheets to avail the duty exemption.
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