2013 (11) TMI 1296 - AT - Customs

Duty demand - Penalty u/s 114A - Confiscation u/s 125(1) - goods used versus intended for use - Import of self propelled Tug Smit Jaguar, year Built 2009 with NASSAU Registry - Exemption under Notification No.21/2002 dt. 01.03.2002 at Sl. No. 216, List No. 12 and condition Sr. No. 31 - Violation of the condition of the Notification that the imported vessels has to be used only for petroleum operations - Held that - the vessel imported by the appellants is for intended use in petroleum operations and the same was used for that purpose therefore, the appellants are entitled for exemption although the said vessel was used for salvage operations for the period of 22 days - Following decision in the case of Clough Engineering Ltd. 2005 (10) TMI 173 - CESTAT, MUMBAI - Decided in favour of assessee.

Issues:
1. Duty demand confirmation with interest and penalty under Sec. 114A of the Customs Act.
2. Redemption fine imposition in lieu of confiscation under Sec. 125(1) of the Customs Act.
3. Penalty imposition on Import Manager under Sec. 112(a) of the Act.
4. Interpretation of Notification No. 21/2002 regarding duty exemption for goods required for petroleum operations.
5. Dispute over vessel diversion for salvage operation and its impact on duty exemption eligibility.

Analysis:
1. The appellants contested an order confirming duty demand of Rs.5,40,88,924/- with interest and penalty under Sec. 114A of the Customs Act. Additionally, a redemption fine of Rs.5 crores was imposed in lieu of confiscation under Sec. 125(1) of the Customs Act. A penalty of Rs. 5 lakhs was also imposed on the Import Manager under Sec. 112(a) of the Act.

2. The case involved the interpretation of Notification No. 21/2002-Cus regarding duty exemption for goods required for petroleum operations. The appellants imported a vessel for petroleum operations under specific conditions. However, the vessel was diverted for a salvage operation without prior intimation to customs authorities, leading to a dispute over the eligibility for duty exemption.

3. The appellants argued that as the notification did not specify post-importation or end-use conditions, the diversion of the vessel for salvage operation did not breach any notification conditions. They relied on a Tribunal decision in a similar case and contended that the benefit of the notification should not be denied based on the diversion.

4. On the contrary, the Revenue's Special Counsel argued that the exemption under the notification was subject to fulfilling condition 31, which restricted the use of goods for petroleum operations only. Any use for salvage operations, especially for monetary consideration, would breach the notification conditions, rendering the duty exemption inapplicable.

5. The Tribunal analyzed the notification conditions and previous case laws to determine the eligibility for duty exemption. It noted that the vessel was indeed imported for petroleum operations and was used for that intended purpose, despite a temporary diversion for salvage operations. Drawing parallels to previous judgments, the Tribunal concluded that the diversion did not negate the vessel's eligibility for duty exemption. Therefore, the impugned order confirming duty demand and penalties was set aside, allowing the appeals with consequential relief.

6. The Tribunal's decision highlighted the importance of intended use in determining duty exemption eligibility under specific notifications, emphasizing that temporary diversions for other operations may not necessarily disqualify the imported goods from availing duty benefits.

Judgment Summary:
The Tribunal ruled in favor of the appellants, setting aside the impugned order confirming duty demand, interest, and penalties. The diversion of the vessel for salvage operations did not negate its eligibility for duty exemption under Notification No. 21/2002-Cus, as the vessel was primarily imported for petroleum operations and was used for that intended purpose. The Tribunal's decision underscored the significance of intended use in determining duty exemption eligibility, especially in cases of temporary diversions for other operations.

← Previous Next →