Denial of Customs Duty Exemption for Goods Exported from FTWZ

The Authority for Advance Rulings concluded that the applicant is not eligible for the exemptions sought under Serial Number 5 of Notification No. 45/2017-Cus. The goods exported from units in FTWZ do not qualify for the exemption under the Notification. The movement of goods from FTWZ to DTA does not constitute "re-import," and the attempt to equate warehousing with "export/re-export" was deemed unwarranted. Therefore, the applicant's claim for exemption from customs duty, IGST, and compensation cess on re-import of equipment from SEZ/FTWZ into DTA was denied.

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Issues Involved:
1. Applicability of Serial Number 5 of Notification No. 45/2017-Cus. for re-import of goods/equipment from SEZ/FTWZ to DTA.
2. Interpretation of terms "export," "import," and "re-import" under SEZ Act, 2005 and Customs Act, 1962.
3. Relevance of Circular No. 21/2019-Customs in the context of the applicant's claim.

Summary:

Issue 1: Applicability of Serial Number 5 of Notification No. 45/2017-Cus.
The applicant sought a ruling on whether they are eligible to claim exemption from customs duty, IGST, and compensation cess on re-import of equipment from SEZ/FTWZ into DTA under Serial No. 5 of Notification No. 45/2017-Cus. The applicant argued that the intent of Notification No. 45/2017-Cus. is to exempt goods re-imported as such from any customs duty, provided no export incentives were availed initially. The applicant claimed that since the equipment would be re-imported without any substantial processing and without availing any export incentives, they should be eligible for the exemption.

Issue 2: Interpretation of Terms under SEZ Act, 2005 and Customs Act, 1962
The concerned Commissioner of Customs argued that the Notification No. 45/2017-Cus. clearly denies duty exemption for goods exported from a 100% EOU or a unit in FTWZ. The Commissioner stated that the applicant's reliance on Circular No. 21/2019-Customs was misplaced, as it was issued in a different context. The Commissioner emphasized that the goods being warehoused in FTWZ do not qualify as "export" or "re-export" under the SEZ Act, 2005 and Customs Act, 1962.

Issue 3: Relevance of Circular No. 21/2019-Customs
The applicant cited Circular No. 21/2019-Customs to support their claim, arguing that it clarifies that goods sent out of India without availing any export incentives should be entitled to exemption upon re-import. However, the Commissioner pointed out that the Circular was issued for goods exported for exhibition or on consignment basis, which does not apply to the applicant's case.

Judgment:
The Authority for Advance Rulings concluded that Notification No. 45/2017-Cus. is not applicable in the instant case. The goods have been exported by units in FTWZ, making the Notification inapplicable under its second proviso. Additionally, the terms "export," "import," and "re-import" have specific meanings under the SEZ Act, 2005, and the movement of goods from FTWZ to DTA does not qualify as "re-import." The Authority ruled that the applicant's attempt to equate warehousing with "export/re-export" was unwarranted and aimed at claiming undue exemption. Therefore, the applicant is not eligible for the exemptions sought under Notification No. 45/2017-Cus.

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