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of <h1>Tribunal Upholds Vessel Classification as Pleasure Craft, Denies Duty Exemption</h1> <h3>Praga Marine Pvt. Ltd. Versus Commissioner of Customs, Service Tax And Excise, Cochin</h3> Praga Marine Pvt. Ltd. Versus Commissioner of Customs, Service Tax And Excise, Cochin - TMI Issues Involved:1. Classification of vessel as a yacht or passenger vessel under Central Excise Tariff.2. Eligibility for exemption from duty under Notification No. 8/2003/CE dated 01.03.2003.3. Confirmation of duty demand, interest, and penalty under Section 11AC of Central Excise Act 1944.Issue 1: Classification of Vessel:The appellant, a private limited company manufacturing vessels and boats, faced an investigation for allegedly misclassifying a luxury vessel under CETH No. 89011030 instead of 89039200, resulting in duty evasion. The dispute centered on whether the vessel should be considered a yacht or a passenger vessel. The Commissioner noted the vessel's luxurious features like air-conditioned rooms, lounge/bar area, attached toilets, and swimming platform, indicating it was a pleasure craft rather than a mere transportation vessel. The appellant argued that vessels carrying more than 12 passengers are passenger vessels as per Indian Registrar of Shipping Rules and the Harbour Master's license described it as a passenger boat. However, the Commissioner dismissed these arguments as irrelevant. The Tribunal, considering the purpose of backwater trips in Kerala for pleasure rather than transportation, agreed with the Commissioner's classification. Additionally, the Tribunal cited the HSN Explanatory Notes to support the classification under Heading 8903 for vessels used for pleasure or sports, even if transporting persons or goods, thus indicating the appellant may not have a strong case. To proceed with the appeal, the Tribunal directed the appellant to deposit a specific amount.Issue 2: Exemption Eligibility:The appellant had cleared goods valued at &8377; 2,88,74,821/- without duty payment, claiming exemption under Notification No. 8/2003/CE due to the aggregate value of dutiable goods being below &8377; 150 lakhs. However, proceedings resulted in a duty demand exceeding &8377; 11 lakhs, along with interest and penalty under Section 11AC of the Central Excise Act 1944. This indicated a discrepancy in the appellant's eligibility for the exemption, leading to the duty demand confirmation.Issue 3: Confirmation of Duty Demand:The proceedings initiated against the appellant culminated in the confirmation of duty demand exceeding &8377; 11 lakhs, along with interest and penalty under Section 11AC of the Central Excise Act 1944. This decision was based on the investigation's findings regarding the misclassification of the luxury vessel and the duty evasion associated with it. The confirmation of duty demand highlighted the seriousness of the alleged offense and the subsequent penalties imposed under the relevant legal provisions.In conclusion, the judgment primarily revolved around the classification of the vessel as a yacht or a passenger vessel, the appellant's eligibility for duty exemption, and the confirmation of duty demand with associated interest and penalties. The detailed analysis delved into the specific arguments presented by both parties, the Commissioner's observations, relevant legal provisions, and the Tribunal's decision to proceed with the appeal subject to a specific deposit.
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