2007 (10) TMI 546 - AT - Customs

Dismissed appeal over Customs Duty Exemption Certificates & compliance failure under CESTAT Rules

PVS. MEMORIAL HOSPITAL LTD. Versus COMMISSIONER OF CUSTOMS, CHENNAI

The appeal was dismissed by the Tribunal due to discrepancies in Customs Duty Exemption Certificates (CDECs) issued by DGHS and the hospital's failure to ... - Issues:1. Allegation of passing final order without proper notice of hearing.2. Request for rectification of final order based on substantial grounds raised in the memo of appeal.3. Discrepancies in Customs Duty Exemption Certificates (CDECs) issued by DGHS.4. Failure to fulfill conditions of Notification No. 64/88-Cus.5. Claim of possession of records evidencing compliance with free treatment requirements.6. Interpretation of Rule 20 of CESTAT (Procedure) Rules regarding dismissal of appeal for default.7. Application under Rule 31A of CESTAT (Procedure) Rules for rectification of mistake apparent from the record.Analysis:1. The first issue raised in the judgment pertains to the allegation that the final order was passed without proper notice of hearing. Despite the absence of representation from the hospital on the specified date, the Tribunal examined the records and disposed of the appeal on merits. It was found that there were discrepancies in the CDECs issued by the DGHS and the actual imported equipments by the hospital. The appeal was dismissed based on the failure to fulfill the conditions of Notification No. 64/88-Cus and the non-fulfillment of liabilities as per the Apex Court's judgment.2. The second issue involves the request for rectification of the final order based on substantial grounds raised in the memo of appeal. The hospital claimed to have obtained CDECs for the imported goods and possessed records showing compliance with free treatment requirements. However, the Tribunal noted the absence of evidence to substantiate these claims, leading to the dismissal of the appeal.3. The third issue addresses the discrepancies in the CDECs issued by the DGHS and the actual imported equipments by the hospital. The Tribunal found that the CDECs were withdrawn due to the hospital's failure to fulfill the conditions of Notification No. 64/88-Cus. Despite objections raised by the hospital, no supporting material was provided, resulting in the sustained findings of the lower authorities and the dismissal of the appeal.4. The fourth issue relates to the failure of the hospital to fulfill the conditions of Notification No. 64/88-Cus and the liabilities as per the Apex Court's judgment. The Tribunal noted the silence of the appellant on whether they met the conditions of the Notification, leading to the dismissal of the appeal based on non-compliance.5. The fifth issue concerns the hospital's claim of possessing records evidencing compliance with free treatment requirements. However, the Tribunal highlighted the absence of evidence to support these claims, indicating a lack of attempt to substantiate the grounds of the applications.6. The sixth issue involves the interpretation of Rule 20 of the CESTAT (Procedure) Rules regarding the dismissal of an appeal for default. The Tribunal clarified that the rule now only provides for hearing and decision on merits if the appellant does not appear when the appeal is called for hearing. An application for restoration of appeal under Rule 20 was dismissed as not maintainable.7. The seventh issue pertains to the application under Rule 31A of the CESTAT (Procedure) Rules for rectification of a mistake apparent from the record. The Tribunal dismissed the application after revisiting the grounds of appeal and confirming that all substantial grounds were considered in the final order, leading to the dismissal of the application on merits.