2008 (12) TMI 81 - AT - Customs

Unstitched fabrics not deemed export goods; Duty demand unjustified; Appellant relieved

The Tribunal held that unstitched fabrics cleared by the appellant did not qualify as readymade garments or made-ups for export obligations. Despite not ... Ready-made garments –100% EOU - 100% Polyester fabrics imported under Not. No.53/97 was cut into shapes and cleared as unstitched ready-made garments to another EOU as deemed exports – held that the “unstitched fabrics” cannot be treated as ready-made garments/made-ups and therefore, cannot be treated as final product to be manufactured by the 100% EOU and to be exported in terms of LOP – however, goods shown to have been received by another unit, demand and penalty on appellant not justified Issues:1. Whether unstitched fabrics cleared by the appellant can be considered as readymade garments or made-ups for the purpose of fulfilling export obligations under the Notification.2. Whether the appellant fulfilled the conditions of the Notification regarding the use of imported goods for intended purposes and export obligations.3. Validity of duty demand and penalty imposed by the Commissioner.Analysis:Issue 1:The Department argued that unstitched fabrics, even if cut to required sizes and shapes, cannot be classified as readymade garments or made-ups as they are not typically considered as such in common parlance. The Tribunal concurred, stating that the fabrics, although cut, were not ready-made garments or made-ups. The Tribunal emphasized that mere cutting does not transform the fabrics into final products for export under the Letter of Permission (LOP).Issue 2:The Department contended that the appellant failed to use the imported goods for manufacturing readymade garments or made-ups as required by the LOP. The Tribunal found that the appellant did not fulfill the export obligation conditions specified in the Notification. The verification report revealed that the recipient unit did not physically export the unstitched garments, leading to a failure in meeting export obligations. The Tribunal held that the appellant's supply to another EOU did not qualify as deemed export.Issue 3:The appellant argued that the duty demand and penalty were unjustified as the clearances were based on CT-3 Certificates issued by the jurisdictional Central Excise authorities. The Tribunal acknowledged the issuance of CT-3 Certificates but highlighted the lack of evidence regarding the processing and export of the unstitched garments by the recipient unit. However, the Tribunal accepted the appellant's reliance on the EOU scheme conditions and circular permitting transfer of goods between EOUs without duty payment, ultimately allowing the appeal and relieving the appellant of duty and penalty.In conclusion, the Tribunal ruled that the unstitched fabrics could not be considered as readymade garments or made-ups for export obligations. While the appellant did not meet the conditions of the Notification, the duty demand and penalty were deemed unjustified due to the lack of evidence regarding the processing and export of the fabrics by the recipient unit. The appeal was allowed, providing consequential relief to the appellant.