2019 (1) TMI 191 - AT - Customs

Tribunal exempts water supply project under Notification No. 14/2004-Cus. Upholds decision based on eligibility certificates.

Commissioner of Customs (Import), Mumbai Versus M/s Bharat Heavy Electricals Limited

Commissioner of Customs (Import), Mumbai Versus M/s Bharat Heavy Electricals Limited - TMI Issues Involved:1. Classification of the project as a 'Water Supply Project'2. Eligibility for exemption under Notification No. 14/2004-Cus dated 08.01.20043. Interpretation of specific vs. general entries under Customs TariffIssue-wise Detailed Analysis:1. Classification of the Project as a 'Water Supply Project':The core issue was whether the project could be classified as a 'Water Supply Project'. The respondent had imported goods for setting up a water supply project for agricultural and industrial use and furnished the necessary certificates from the Sponsoring Authority. The adjudicating authority initially denied the benefit, arguing that the project was a Lift Irrigation Project, which simply lifts and transports water, and thus did not fit the definition of a water supply project as per the notification.However, the Tribunal found that the project involved processes making the water fit for agricultural use, thereby qualifying it as a water supply project under the inclusive definition provided in the notification. The Tribunal referenced the revised certificate from the District Collector, which clarified that the project involved making water fit for agricultural use.2. Eligibility for Exemption under Notification No. 14/2004-Cus dated 08.01.2004:Notification No. 14/2004-Cus exempts water supply projects from customs duty, defining such projects to include plants for desalination, demineralization, or purification of water. The respondent claimed this exemption, supported by certificates from the Sponsoring Authority.The Tribunal upheld the eligibility for exemption, noting that the project met the criteria outlined in the notification. The Tribunal emphasized that the certificates from the Sponsoring Authority, including the revised certificate, indicated that the project involved processes to make water fit for agricultural use, thus qualifying for the exemption.3. Interpretation of Specific vs. General Entries under Customs Tariff:The Revenue argued that the project should be classified under the specific entry for irrigation projects (CTH 98010012) rather than the general entry for other projects (CTH 98010020). They contended that specific entries take precedence over general entries.The Tribunal rejected this argument, distinguishing the current case from previous cases cited by the Revenue. The Tribunal noted that the project involved more than just lifting water; it included processes to make the water fit for agricultural use. Therefore, it qualified as a water supply project under the general entry and met the criteria for exemption.Conclusion:The Tribunal concluded that the project qualified as a water supply project and was eligible for exemption under Notification No. 14/2004-Cus. The Tribunal found no merit in the Revenue's appeal and upheld the decision of the Commissioner (Appeals), allowing the benefit of project imports to the respondent. The Tribunal emphasized that the certificates from the Sponsoring Authority were sufficient to establish eligibility for the exemption, and the Revenue could not go beyond these certificates to deny the benefit.