2001 (7) TMI 213 - AT - Customs

Tribunal decision: Confiscation overturned, Customs Duty exemption disallowed, penalties lifted.

The Tribunal overturned the confiscation of a Captive Power Plant imported by companies, disallowed Customs Duty exemption, and imposed penalties. The ... Export obligation - 100% EOUs Issues:1. Confiscation of Captive Power Plant imported by the companies.2. Disallowance of exemption from Customs Duty.3. Imposition of penalties on the companies and the Chairman & Managing Director.Issue 1: Confiscation of Captive Power Plant:The appeals arose from the Commissioner's Order confiscating the Captive Power Plant imported by the companies, with an option for redemption on payment of a fine. The dispute centered on the fulfillment of post-importation conditions of Notification No. 13/81-Cus. The Revenue alleged that surplus power generated by the plant was used in the domestic tariff area, violating the conditions. However, the appellants argued that the surplus power could not be stored and had to be transmitted through the grid, including to the domestic area. The Tribunal noted that the Notification did not expressly require exclusive use for export purposes. Citing precedents, including a Supreme Court case, it held that the use of surplus power in the domestic area did not contravene the Notification's provisions. The Tribunal also considered Ministry of Commerce guidelines permitting the sale of surplus power in the domestic area by 100% EOU units. Consequently, the confiscation of the Power Plant and the imposition of penalties were deemed unjustified.Issue 2: Disallowance of Customs Duty Exemption:The Commissioner disallowed the benefit of exemption from Customs Duty availed by the companies under Notification No. 13/81-Cus., demanding duty payment on the Power Plant. The Revenue's argument was based on the premise that duty-free importation was permitted only for use in exported products, and any diversion to the domestic tariff area violated the conditions. However, the appellants contended that the power generated was used for manufacturing products for export, and surplus power was unavoidable due to the nature of electricity. The Tribunal found that the Notification did not mandate exclusive use for export purposes, supporting the appellants' position. The Tribunal's analysis focused on the absence of specific conditions in the Notification requiring exclusive use for export, leading to the allowance of the appeals.Issue 3: Imposition of Penalties:The Commissioner imposed penalties on the companies and the Chairman & Managing Director for alleged violations related to the Captive Power Plant importation. However, the Tribunal, after overturning the confiscation of the Power Plant and disallowance of Customs Duty exemption, found no justification for the imposition of personal penalties. The Tribunal's decision to set aside the impugned Order resulted in the allowance of all appeals with consequential reliefs to the appellants, thereby negating the penalties imposed.This detailed analysis of the judgment highlights the key legal issues, arguments presented by the parties, and the Tribunal's reasoning leading to the final decision in favor of the appellants.