2010 (12) TMI 1135 - AT - Customs

Tribunal Rules in Favor of Appellants on Machinery Import Exemption Dispute

ATLANTA LTD. Versus COMMISSIONER OF CUSTOMS (IMP), MUMBAI

The Tribunal found in favor of the appellants in a case concerning the interpretation of an exemption notification under Notification No. 21/2002-Cus. The ... - Issues: Interpretation of exemption notification under Notification No. 21/2002-Cus., compliance with terms of undertaking, pre-deposit requirement, use of imported machinery for road construction, possession of machinery, offer to pre-deposit amount, post-importation conditions.In this case, the appellants had imported a stone crushing plant and a hot mixing plant availing exemption under Notification No. 21/2002-Cus., dated 1-3-2002, Serial No. 230. The department alleged that the machinery was not used for the specified purposes and one of the machines was parted with against the terms of the undertaking. The appellants argued that the machinery was used for road construction under contracts with government authorities, fulfilling the main purpose of the notification. They also offered to pre-deposit a portion of the duty demand. The Tribunal noted that the notification had pre-importation conditions requiring an undertaking for exclusive use in road construction and no post-importation conditions to ensure compliance. The appellants claimed the machinery was used for public sector road construction, and the department provided no evidence to the contrary. The Tribunal found the offer to pre-deposit an amount of &8377; 22 lakhs acceptable, considering one machine was not in their possession. They directed the pre-deposit within 8 weeks, with the balance amount waived during the appeal's pendency, subject to compliance. Compliance was to be reported by 11-2-2011.