2008 (9) TMI 252 - AT - Customs

Exit from the 100% EOU scheme - duty liability to be paid by the appellants on the raw materials, in-process goods, finished goods and capital goods lying in stock for valuation of goods lying in stock, value recommended by Chartered Engineer to be adopted in entirety and not in respect of selected items when appellant is opting out of scheme, demand in respect of in-process goods not justified in respect of finished goods rate of duty applied to be the aggregate of custom duty in respect of value of imported goods at time of de-bonding, since the value at the time of import has been adopted, the dollar rate adopted at the time of import is correct

Summary

Issues:
Duty liability on raw materials, in-process goods, finished goods, and capital goods for a 100% EOU; Interest on raw materials not used as intended; Applicability of Central Excise duty on finished goods; Authority for demanding duty on in-process goods; Valuation of goods in stock; Conversion rate for imported goods at de-bonding; Calculation of duty liability for capital goods; Calculation of interest based on warehousing period.

Analysis:
The judgment involves an appeal against an Order-in-Appeal passed by the Commissioner of Customs, Excise, and Service Tax. The appellant, a 100% EOU manufacturing Acrylic Mink Blankets, was required to pay duty on raw materials, in-process goods, finished goods, and capital goods as per the exit conditions from the EOU scheme. The Assistant Commissioner determined the duty liability and interest on unused raw materials, leading to the appellant's appeal to the Commissioner (A).

The Commissioner (A) upheld the duty demand and interest, considering relevant instructions, Foreign Trade Policy, and Notifications. The appellant argued that Central Excise duty should apply to finished goods, not an aggregate of Customs Duty, citing a Supreme Court decision. However, the Commissioner (A) justified the aggregate duty calculation post-amendment, disagreeing with the appellant's stance.

Regarding in-process goods, the appellant contended that the Foreign Trade Policy does not mention duty on such goods, leading the Tribunal to set aside the duty demand on in-process goods. The valuation of goods in stock was also challenged by the appellant, questioning the selective adoption of the Chartered Engineer's recommendations. The Commissioner (A) justified the valuation based on the goods' condition, but the Tribunal opined in favor of adopting the Engineer's recommended value entirely.

The appellant further disputed the conversion rate for imported goods at de-bonding, advocating for the prevalent rate at de-bonding. However, the Commissioner (A) justified using the import time value, which the Tribunal chose not to interfere with. The judgment also highlighted the need for the appellant to provide details for a proper assessment of duty liability on capital goods.

Lastly, the Tribunal remanded the matter for re-calculation by the lower authority, especially concerning the value of imported and indigenous capital goods, within four months. The lower authority was instructed to allow the appellant to present their case, ensuring justice in the re-calculation process.