2000 (5) TMI 766 - AT - Central Excise

Summary

Issues:
- Confiscation of hospital/medical equipment under Section 111(o) of the Customs Act, 1962
- Duty demand, interest, and penalty imposition under Sections 28, 114A
- Time-barred show cause notice
- Jurisdictional validity of the show cause notice
- Compliance with conditions of exemption Notification No. 64/88
- Liability for confiscation and penalty
- Applicability of penalty under Section 114A and interest under Section 28AB

Confiscation under Section 111(o):
The Commissioner of Customs ordered confiscation of imported hospital/medical equipment under Section 111(o) of the Customs Act, 1962, with a redemption fine imposed. The appellants challenged this order, arguing that the show cause notice was time-barred as it was issued beyond the period stipulated under Section 28 of the Act. The Tribunal held that the time limit under Section 28 applied, rendering the show cause notice void and the subsequent proceedings without jurisdiction. The impugned order of confiscation and redemption fine was set aside.

Duty Demand, Interest, and Penalty Imposition:
Apart from confiscation, a duty demand, interest, and penalty were imposed under Sections 28, 114A. The appellants contended that the penalty and interest could not be sustained as the provisions were enacted after the imports took place. The Tribunal agreed, holding that the penalty under Section 114A and interest under Section 28AB were not applicable in this case due to the retrospective effect of the provisions.

Compliance with Exemption Notification No. 64/88:
The appellants had imported goods under an exemption Notification but later faced a duty demand due to non-fulfillment of conditions. The respondent argued that the obligations under the exemption Notification were continuous, and failure to comply would result in the duty becoming payable. The Tribunal found that the show cause notice was beyond the limitation period under Section 28, rendering it void and unsustainable.

Jurisdictional Validity of Show Cause Notice:
The jurisdictional validity of the show cause notice was challenged by the appellants, arguing that it was issued by the Deputy Commissioner instead of the Commissioner as required. Citing a previous Tribunal decision, the show cause notice was deemed to be without jurisdiction, supporting the appellants' contention.

Liability for Confiscation and Penalty:
The Tribunal upheld the liability for confiscation under Section 111(o) and penalty under Section 112, as the conditions for duty exemption were not fulfilled. The contravention of the Act made the goods liable to confiscation, including the conditions of the exemption Notification.

Applicability of Penalty under Section 114A and Interest under Section 28AB:
Due to the retrospective nature of the penalty under Section 114A and interest under Section 28AB, enacted after the imports, the Tribunal ruled that these provisions were not applicable in this case. The penalty and interest demanded could not be sustained based on the timing of the imports and the enactment of the provisions.

In conclusion, the appeal was allowed, and the impugned order was set aside based on the findings related to the time-barred show cause notice, jurisdictional issues, compliance with exemption conditions, and the inapplicability of certain penalties and interest.