End-use customs concessions fail for scrapped battery cells, requiring full differential duty recovery with interest on assessed import value.
End-use concessional duty for imported lithium-ion cells under the IGCR Rules requires their use in manufacturing the specified battery or battery pack. Manufacture requires emergence of a new product with a distinct nature, character, use or name; cells damaged or rejected and sold as scrap do not meet that condition. Where no prescribed process-loss or wastage tolerance applies, scrapped cells are treated as unutilised or defective goods. Differential duty, being the difference between normal import duty and concessional duty, is recoverable on the imported goods' assessed quantity and value with applicable interest, rather than proportionately to scrap sale proceeds.
Issues: (i) Whether concessional duty under Sr. Nos. 319, 320 and 321 of Notification No. 45/2025-Customs applies to imported lithium-ion cells that are scrapped during manufacture of a battery or battery pack; (ii) Whether, if not, the exemption must be reversed only in proportion to the sale value of the scrap.
Issue (i): Whether concessional duty under Sr. Nos. 319, 320 and 321 of Notification No. 45/2025-Customs applies to imported lithium-ion cells that are scrapped during manufacture of a battery or battery pack.
Analysis: The concession is conditional upon end use under the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022. Manufacture under Rule 3(1)(i) requires emergence of a new product having a distinct nature, character, use or name. Cells damaged or rejected in the production line and sold as scrap do not result in the specified manufactured product. In the absence of any prescribed process-loss or wastage tolerance, such cells fall within unutilised or defective goods under Rule 10.
Conclusion: No. The concessional duty benefit is unavailable for lithium-ion cells scrapped during manufacture; they are to be treated as unutilised or defective goods. This is against the assessee.
Issue (ii): Whether, if not, the exemption must be reversed only in proportion to the sale value of the scrap.
Analysis: Rules 10(3) and 11 require recovery of the differential between the duty otherwise payable at import and the concessional duty paid, together with interest under Section 28AA of the Customs Act, 1962. The calculation is based on the imported goods' assessed quantity and value, not on the subsequent sale proceeds of scrap.
Conclusion: No. The exemption is to be reversed in full through payment of differential duty with applicable interest, and not in proportion to the scrap sale value. This is against the assessee.
Final Conclusion: Imported cells that fail to result in the specified battery or battery pack because they are damaged and scrapped are governed by the consequences applicable to unutilised or defective goods under the concessional-duty regime.
Ratio Decidendi: Where an end-use-based customs concession is governed by the IGCR Rules and no process-loss tolerance is prescribed, imported inputs scrapped without resulting in the specified manufactured product are unutilised or defective goods subject to differential-duty recovery with interest.