2010 (1) TMI 17 - HC - Customs

Customs Tribunal Upheld in Drill Ship Case; Appeal Dismissed for Lack of Merit

Commissioner of Customs No. 1, Versus M/s. Frontier Aban Drilling (India) Ltd.

Commissioner of Customs No. 1, Versus M/s. Frontier Aban Drilling (India) Ltd. - 2010 (254) E.L.T. 63 (Mad.) Issues:Appeal against Final Order of Customs Tribunal - Liability under Customs Act - Penalty under Customs Act - Exemption conditions for imported goods - Non-exportation of part of imported goods - Insurance requirement for benefit of Notification.Analysis:The appeal was filed against the Customs Tribunal's order confirming the Commissioner of Customs' decision regarding liability under the Customs Act and penalty imposition. The case involved the importation of a drill ship by the respondent, a sub-contractor, valued at Rs.148.92 crores for oil well drilling operations, availing exemption under Notification No.21/2002. The exemption condition required certification from Directorate General of Hydro Carbons and an undertaking from the contractor. After completing the contract work, a part of the drill ship, the blow out preventer, sheared off and immersed in the sea, leading to a show cause notice for non-exportation. Both the Commissioner of Customs and the Tribunal ruled that this incident did not violate the exemption condition, setting aside the recovery notice of Rs.5,75,84,140.The appellant contended that the ship and its accessories needed insurance for the benefit of the Notification, which was not done. However, the Court found no such insurance condition in the Notification. The Department acknowledged that the irretrievable immersion of the blow out preventer in the sea was the reason for non-exportation. The Court emphasized that directing the importer to perform an impossible task was unjustifiable. The Tribunal's decision to confirm the Commissioner's order and reject the recovery of the penalty was based on this factual background. As there was no evidence of diversion of the sheared off part for another purpose, the appeal lacked merit under the circumstances presented.In conclusion, the civil miscellaneous appeal was dismissed by the Court, upholding the decision of the Tribunal and the Commissioner of Customs. The Court found no basis to entertain the appeal given the facts and circumstances of the case. The judgment clarified the exemption conditions, the impact of non-exportation of goods, and the absence of an insurance requirement for the benefit of the Notification in question.