2008 (4) TMI 23 - SC - Customs

Exem. Not.17/01 - Circular 40/2001 as per notification assessee cleared Crude Palm Oil and Crude Palmolin of Non-Edible Grade after paying concessional rate of duty @ 35% instead of 75% - as per circular Provisional assessment allowed directing the assessee to produce End-use Certificate to avail concessional rate of duty - We uphold the view of HC that the CBEC can not add a new condition to the notification or restrict the scope of Exemption Notification by issuing a subsequent circular

Summary

Issues:
1. Whether end-use verification of products is necessary for availing the benefit of concessional rate of duty.

Analysis:
The Supreme Court considered the appeal filed by the revenue regarding the necessity of end-use verification for availing the concessional rate of duty. The respondent-assessee was involved in trading various commodities, including Crude Palm Oil and Crude Palmolin of Non-Edible Grade. The assessee imported these products and cleared them at a concessional rate of duty instead of the higher rate specified in the notification. The customs authorities required the assessee to produce an End-use Certificate to avail the concessional rate, as per a Board's Circular. However, the assessee challenged this requirement by filing a writ petition in the High Court, arguing that the circular imposed a new condition beyond the notification's scope.

The High Court accepted the writ petition, stating that the circular could not add a new condition to the notification, as it would amount to legislating through circulars, which is impermissible. The High Court emphasized that if the notification did not specify any conditions, subsequent circulars could not impose them. The Supreme Court concurred with the High Court's view, citing a previous case where it was held that the department cannot restrict or modify the exemption notification through subsequent circulars. Therefore, the Supreme Court dismissed the appeal, upholding the High Court's decision and directing each party to bear its own costs.

In conclusion, the judgment clarified that end-use verification for availing concessional duty rates is a contentious issue, with the courts emphasizing that circulars cannot impose new conditions beyond what is specified in the notification. This case underscores the importance of adhering to the provisions of notifications without adding extraneous requirements through subsequent circulars, ensuring clarity and consistency in the application of customs duties.