Customs Duty of an EOU and the Fate of Obsolete Imports: Destroying Obsolete Goods without Paying Duty

Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2023 (11) TMI 916 - CESTAT BANGLORE

In the case presented, the appellant, an Export Oriented Unit (EOU) manufacturing connectors and other items, imported raw materials and components and procured goods from DTA (Domestic Tariff Area) without payment of customs duty and excise duties, as per Customs Notification No. 52/2003-Cus dated 31.03.2003 and Notification No. 22/2003-CE dated 31.03.2003, respectively. The appellant sought permission from the Department to destroy or dispose of obsolete imported raw material and components. They intended to sell the destroyed goods as scrap and pay duty on the scrap value.

However, the Adjudicating authority ordered the appellant to destroy or dispose of the goods only after paying duty on the assessable value at the time of import with interest. The appellant filed an appeal, which was rejected based on Notification No. 52/2003-Cus dated 31.03.2003.

The primary issue in this case is whether the imported raw materials and components, which became obsolete and unfit for use, should be allowed to be destroyed without paying customs duty.

The appellant's counsel argued that:

1. Rapid technological advancements led to the obsolescence of the imported goods, making them unfit for manufacturing purposes.
2. The impugned order failed to consider the provisions of Para 6.15(b) of the Foreign Trade Policy, which permits the destruction of capital goods, raw materials, consumables, spares, and scrap without payment of duty.
3. Circular No. 60/1999-Cus dated 10.09.1999 allows for the destruction of goods that are defective, damaged, or otherwise unfit for use without insisting on re-export, provided they are destroyed with the permission of the Customs authorities or cleared into the Domestic Tariff Area (DTA) with payment of full customs duty.

The counsel also argued that the amendment to Notification No. 52/2003-Cus dated 31.03.2003 through Notification No. 34/2015-Cus dated 25.05.2015 clearly stated that no duty would be leviable on capital goods, raw materials, consumables, spares, goods manufactured, processed, or packaged, and scrap when destroyed, whether within the unit or outside it, with permission from Customs authorities.

Additionally, the appellant pointed out that the Department had previously allowed the destruction of obsolete goods and payment of duty on the scrap value in their case, indicating a contradiction in the Department's stance.

On the other hand, the Revenue argued that the appellant should pay customs duty because they failed to use the imported goods for their specific purpose within the prescribed time limit.

The Tribunal's decision, based on various precedents and legal provisions, favored the appellant's position. They emphasized that the appellant had requested permission to destroy the obsolete goods, even agreeing to pay duty on the scrap value. Furthermore, they cited Circular No. 60/1999-Cus, which allowed for the destruction of defective or unfit goods without insisting on re-export, subject to conditions.

The Tribunal also highlighted that the amendment to Notification No. 52/2003-Cus in 2015 aligned it with the provisions of the Foreign Trade Policy, which clearly stated that no duty would be payable when goods were destroyed with the permission of Customs authorities.

In conclusion, the Tribunal allowed the appellant's request for permission to destroy the obsolete goods without payment of customs duty, as they had followed the necessary procedures and met the requirements specified in Circulars and Notifications. The decision also emphasized the importance of consistency in the Department's approach, citing instances where they had permitted such destruction and payment of scrap value duty in the past.

Full Text:

2023 (11) TMI 916 - CESTAT BANGLORE