1998 (7) TMI 437 - AT - Central Excise

Issues Involved:
1. Assessment of Customs duty on the vessel M.V. Jagat Priya when cleared for breaking.
2. Applicability of exemption Notification No. 133/87-Cus., dated 29-3-1987.
3. Classification and duty liability of vessels intended for breaking.
4. Relevance of Notification No. 118/59-Cus., dated 13-6-1959.
5. Calculation of Light Displacement Tonnage (LDT) for duty purposes.

Detailed Analysis:

1. Assessment of Customs duty on the vessel M.V. Jagat Priya when cleared for breaking:
The primary issue was whether the vessel M.V. Jagat Priya, purchased in a public auction for breaking, was subject to Customs duty under Notification No. 133/87-Cus., dated 29-3-1987. The Appellate Authority held that the vessel, initially an ocean-going vessel, was to be treated as imported when intended for breaking, necessitating the payment of appropriate Customs duty.

2. Applicability of exemption Notification No. 133/87-Cus., dated 29-3-1987:
Notification No. 133/87-Cus. provided that vessels imported for breaking were not eligible for duty exemption. It required a fresh bill of entry and payment of appropriate duties if such vessels were subsequently intended to be broken. The legal fiction created by this notification deemed the vessel as a fresh import for breaking purposes, necessitating the payment of Customs duty.

3. Classification and duty liability of vessels intended for breaking:
The vessel, initially cleared as an ocean-going vessel, was classified separately when intended for breaking. The import of the vessel for breaking was treated as a different import, requiring a fresh bill of entry and payment of Customs duty as per Notification No. 133/87-Cus. This classification and duty liability were upheld by the Supreme Court in Union of India v. Jalyan Udyog, where it was established that vessels intended for breaking were subject to duty based on the date of breaking, not the original import date.

4. Relevance of Notification No. 118/59-Cus., dated 13-6-1959:
The appellants argued that the vessel, manufactured by Hindustan Shipyard Ltd., enjoyed exemption under Notification No. 118/59-Cus. However, this notification applied only to the initial clearance from the Customs Bonded Shipyard and not to subsequent breaking. The Supreme Court's decision in Union of India v. Jalyan Udyog clarified that the exemption did not extend to vessels intended for breaking, which were separately classified and subject to duty under Notification No. 133/87-Cus.

5. Calculation of Light Displacement Tonnage (LDT) for duty purposes:
The appellants contested the LDT used for duty calculation, arguing it was higher than the actual LDT. However, as per Chapter Note 2 in Chapter 89 of the Tariff, the highest LDT indicated in the stability book or builder's certificate was to be used. The appellants failed to provide evidence to challenge the LDT assessed by the lower authorities.

Conclusion:
The appeal was rejected, affirming the requirement to pay Customs duty on the vessel M.V. Jagat Priya when intended for breaking, as per Notification No. 133/87-Cus. The legal fiction deeming the vessel as a fresh import for breaking was upheld, and the exemption under Notification No. 118/59-Cus. was deemed inapplicable for breaking purposes. The LDT assessed by the authorities was also upheld.

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