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of <h1>Tribunal rules in favor of Soumag Electronics Ltd. on procedural certificate issue</h1> <h3>Soumag Electronics Ltd. Versus Commissioner of Customs (Seaport), Chennai</h3> Soumag Electronics Ltd. Versus Commissioner of Customs (Seaport), Chennai - 2018 (364) E.L.T. 382 (Tri. - Chennai) Issues:1. Demand of differential duty for non-production of installation certificate2. Import of validator and duty liability3. Interest liability on imported goodsIssue 1: Demand of differential duty for non-production of installation certificateThe case involved Soumag Electronics Ltd., which imported goods under Project Import Regulations. The appellant failed to produce an installation certificate, leading to a demand for duty at merit rate. The appellant argued that the requirement for the certificate arose after their imports in 1989. The Tribunal considered evidence like fixed asset registers and invoices to prove installation. Previous tribunal decisions supported that non-production of the certificate was a procedural requirement, not affecting eligibility for concessional rate. Citing relevant case laws, the Tribunal ruled in favor of the appellant, stating that substantial relief should not be denied for procedural lapses. The appeal succeeded on this aspect.Issue 2: Import of validator and duty liabilityRegarding the import of a validator, the appellant claimed they never cleared the goods and that they were auctioned by the department. However, the appellant did not provide evidence of abandoning the goods while in bond. The Commissioner's decision to hold the appellant liable for duty and interest on the warehoused goods was upheld. The Tribunal found no fault with the Commissioner's conclusion, dismissing the appellant's plea for abatement of duty on the warehoused goods. The appeal on this issue was dismissed.Issue 3: Interest liability on imported goodsThe appellant contested the demand for interest on imported goods, arguing that interest provisions were introduced in 1995, while their imports were in 1989. The Tribunal agreed with the appellant, stating that interest liability could not arise for goods imported before the statutory provision for charging interest was in place. Consequently, the appeal on interest liability succeeded.In conclusion, the Tribunal partially allowed the appeal, ruling in favor of the appellant on the issues of demand for differential duty and interest liability. However, the duty liability on the imported validator was upheld. The Tribunal disposed of the additional grounds raised by the appellant, bringing the case to a close with a mixed outcome for both parties.
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