2014 (1) TMI 1523 - AT - Customs

Demand of Additional Duty of Customs u/s 116 - Import of HSD oil - Benefit of Notification No. 43/2002-Cus., dated 19-4-2002 - Held that - On a perusal of Notification No. 43/2002-Cus., we find that it did not grant exemption from payment of additional duty of Customs leviable under the Finance Act, 1999 as rightly held by the authorities below. As an exemption notification has to be strictly construed, the grounds raised in this appeal are untenable - Decided against assessee.

Summary

Issues:
Appeal against demand of Additional Duty of Customs under Section 116 of the Finance Act, 1999 for imported HSD oil consignments claimed under Notification No. 43/2002-Cus.

Analysis:
The appeal was filed against a demand of Rs. 3,96,000/- for Additional Duty of Customs under Section 116 of the Finance Act, 1999 in relation to three consignments of HSD oil imported between 13-8-2004 to 20-10-2004. The appellant claimed benefit under Notification No. 43/2002-Cus., dated 19-4-2002, which exempted importers from payment of Basic Customs Duty, additional duty of Customs, safeguard duty, and anti-dumping duty subject to conditions. However, the authorities denied the exemption for the additional duty of Customs imposed under Section 116 of the Finance Act, 1999. The appellant challenged this denial through the present appeal.

Upon reviewing Notification No. 43/2002-Cus., it was observed that the exemption provided did not cover the additional duty of Customs leviable under the Finance Act, 1999. The appellate authorities correctly interpreted the notification and held that the exemption did not extend to the additional duty of Customs imposed under Section 116 of the Finance Act, 1999. It was emphasized that exemption notifications must be strictly construed, and in this case, the grounds raised by the appellant were deemed untenable. Consequently, the appeal was dismissed.

The judgment highlighted the importance of strict interpretation of exemption notifications in customs matters. It underscored that exemptions granted under such notifications should be construed strictly as per the terms and conditions specified therein. The decision reaffirmed the principle that any ambiguity in exemption notifications should be resolved in favor of the revenue authorities. The judgment provided clarity on the scope of exemptions under Notification No. 43/2002-Cus., emphasizing that the additional duty of Customs under the Finance Act, 1999 was not covered by the said notification. This case serves as a precedent for future interpretations of similar exemption notifications in customs law.