2024 (8) TMI 1352 - AT - Customs

Imports one day before CVD exemption notification upheld duty liability but penalties set aside under Section 111

Hindustan Inox Limited, Hemant Bohra and Vimal Bohra Versus Commissioner of Customs, Nhava Sheva-II and III

Hindustan Inox Limited, Hemant Bohra and Vimal Bohra Versus Commissioner of Customs, Nhava Sheva-II and III - TMI Issues Involved:1. Liability for payment of Countervailing Duty (CVD) on imported stainless steel coils and plates from China.2. Confiscation of imported goods and imposition of penalties under Sections 111(d), 112(a), and 114AA of the Customs Act, 1962.3. Denial of exemption from compliance with Rule 13(1)(a) of the Drawback Rules, 2017, and amendment of shipping bills under Section 149 of the Customs Act, 1962.Detailed Analysis:1. Liability for Payment of Countervailing Duty (CVD):The Tribunal examined whether the import of stainless steel coils and plates from China on 12.10.2017 was liable for CVD under Section 9 of the Customs Tariff Act, 1975. The goods were imported under Advance Authorization Licenses, and the appellants claimed exemption based on Notification No.18/2015-Customs. However, the exemption for CVD was introduced only on 13.10.2017 via Notification No.79/2017-Customs. The Tribunal concluded that the exemption could not be applied retrospectively, and the imports were liable for CVD as the notification providing exemption came into effect after the import date. Thus, the confirmation of CVD demand by the Commissioner of Customs was upheld.2. Confiscation and Penalties:The Tribunal reviewed the confiscation of goods under Section 111(d) and the imposition of penalties under Sections 112(a) and 114AA of the Customs Act. The Commissioner of Customs had found that the appellants suppressed facts and did not pay the applicable CVD, justifying confiscation and penalties. However, the Tribunal noted that the appellants had a bona fide belief that CVD was not payable under Advance Licenses and had made several representations to authorities seeking clarification. The Tribunal found no evidence of collusion, willful misstatement, or suppression of facts by the appellants. Consequently, the penalties under Sections 112(a) and 114AA were deemed unsustainable and were set aside.3. Denial of Exemption and Amendment of Shipping Bills:The Tribunal addressed the denial of exemption from compliance with Rule 13(1)(a) of the Drawback Rules and the amendment of shipping bills under Section 149. The Commissioner of Customs had rejected the appellants' requests, citing procedural non-compliance and time-barred applications. The Tribunal found that the legal provisions did not prescribe a specific time limit for such amendments and that the time limit introduced by Circular No.36/2010-Customs had been struck down by various court judgments. The Tribunal referenced several High Court and Supreme Court judgments that supported the appellants' position. The Tribunal concluded that the denial of the appellants' requests was inconsistent with legal provisions and directed the jurisdictional Commissioner of Customs to examine the application for drawback benefits as per law.Conclusion:The Tribunal upheld the confirmation of CVD demand but set aside the confiscation of goods and imposition of penalties. It also directed the jurisdictional Commissioner to reconsider the appellants' application for drawback benefits and amendment of shipping bills. The appeals were allowed in favor of the appellants with consequential relief.