2015 (9) TMI 818 - AT - Customs

Tribunal Upholds Customs Duty, Confiscation, and Penalty in Machinery Import Case

M/s. Neyveli Lignite Corporation Ltd. Versus Commissioner of Customs (Import), Chennai

M/s. Neyveli Lignite Corporation Ltd. Versus Commissioner of Customs (Import), Chennai - TMI Issues Involved:1. Concessional benefits under Notification Nos. 20/99-Cus and 16/2000-Cus.2. Demand of differential duty.3. Adjustment of voluntarily paid amount.4. Confiscation of seized goods.5. Liability for penal action.6. Enforcement and adjustment of bond and bank guarantee.Issue-wise Detailed Analysis:1. Concessional Benefits under Notification Nos. 20/99-Cus and 16/2000-Cus:The appellant imported machinery and parts for revamping a fertilizer plant, availing concessional customs duty under Notification Nos. 20/99-Cus and 16/2000-Cus. The key contention was whether the concessional benefits should be denied as the imported goods were sold and not utilized for the intended purpose. The tribunal noted that the concessional rate of duty was available only if all conditions stipulated in the notifications were fulfilled. The primary condition was that the imported goods must be used for the intended purpose, and in case of failure, the differential duty should be paid. The appellant's decision to shut down the plant and sell the machinery within two years of importation was found to be a breach of this condition, thus making them liable for the differential duty.2. Demand of Differential Duty:The adjudicating authority demanded a differential duty of Rs. 10,02,48,538/- from the appellant for violating the conditions of the notifications. The tribunal upheld this demand, noting that the appellants had failed to use the imported goods for the intended purpose, which was a mandatory condition for availing the concessional duty. The tribunal emphasized that the mere installation and temporary use of the machinery did not fulfill the condition of continuous use for manufacturing fertilizer.3. Adjustment of Voluntarily Paid Amount:The appellant had voluntarily paid an amount of Rs. 5,46,915/- towards the imported surplus material taken back by M/s. PDIL. The tribunal considered this amount and adjusted it against the differential duty liabilities.4. Confiscation of Seized Goods:The adjudicating authority ordered the confiscation of the seized goods valued at Rs. 23 crores under Section 111(o) of the Customs Act, 1962, but allowed redemption on payment of a fine of Rs. 2.30 crores. The tribunal upheld this order, noting that the disposal of the imported goods did not serve the intended purpose of the notification, thereby frustrating its object.5. Liability for Penal Action:The adjudicating authority imposed a penalty of Rs. 10,02,48,538/- under Section 112(a) of the Customs Act, 1962, on the appellant. However, the tribunal, considering the facts and circumstances, reduced the penalty to Rs. 2,50,00,000/-.6. Enforcement and Adjustment of Bond and Bank Guarantee:The adjudicating authority ordered the enforcement of the bond for Rs. 23 crores and the bank guarantee for Rs. 3 crores executed by the appellant towards the provisional release of the seized goods. The tribunal upheld this order, noting that the appellant had undertaken full responsibility for any customs disputes and had previously paid customs duty on surplus imported goods.Conclusion:The tribunal confirmed the demand of differential customs duty of Rs. 10,02,48,538/- and upheld the confiscation of goods with a redemption fine of Rs. 2.30 crores. The penalty imposed on the appellant was reduced to Rs. 2,50,00,000/-. The appeal was partly allowed to the extent of the reduction in penalty.