Prospective operation of customs exemptions defeats claims for prior imports, while unavailable benefits support extended limitation.
Concessional basic customs duty was unavailable for imports because the exemption in force did not cover the relevant tariff goods, and strict construction prevented reading an omitted entry into its terms. A later notification restoring the benefit applied only prospectively from Gazette publication because it contained no express or necessary retrospective intent. The importer's claim of an exemption that had ceased before filing the Bills of Entry supported use of the extended limitation period. Prior imports therefore remained subject to duty notwithstanding the subsequent restoration of the exemption.
Issues: (i) Entitlement to concessional basic customs duty under Notification No. 46/2011-Cus. for the disputed imports; (ii) Whether Notification No. 35/2013-Customs operates retrospectively; (iii) Validity of invoking the extended period of limitation.
Issue (i): Entitlement to concessional basic customs duty under Notification No. 46/2011-Cus. for the disputed imports
Analysis: On the dates of the disputed Bills of Entry, Notification No. 127/2011-Customs governed the exemption and did not cover goods under the relevant tariff heading. The subsequent Notification No. 64/2012-Customs also did not restore the omitted entry. No unequivocal governmental acknowledgment established that the omission was a drafting error. Strict construction of tax exemption notifications precluded extending the benefit beyond their expressed terms.
Conclusion: The concessional basic customs duty benefit was unavailable for the disputed imports; decided against the assessee.
Issue (ii): Whether Notification No. 35/2013-Customs operates retrospectively
Analysis: Notification No. 35/2013-Customs restored the benefit for the specified goods but did not prescribe retrospective operation. In fiscal matters, a notification operates prospectively unless retrospective intent is expressly stated or necessarily follows from its terms; an alleged omission cannot supply such intent.
Conclusion: Notification No. 35/2013-Customs operates prospectively from its Gazette publication; decided against the assessee.
Issue (iii): Validity of invoking the extended period of limitation
Analysis: The exemption claimed had ceased to be available before the Bills of Entry were filed. Awareness of the amended notification was attributable to the importer, and the claim of an unavailable benefit supported invocation of the extended period of limitation.
Conclusion: Invocation of the extended period of limitation was valid; decided against the assessee.
Final Conclusion: The claimed exemption was unavailable at the time of import, its later restoration did not affect prior imports, and the resulting duty demand was sustainable within the extended limitation period.
Ratio Decidendi: A fiscal exemption notification operates prospectively unless its text clearly provides otherwise, and a subsequent extension of exemption cannot confer benefits for an earlier period merely on an alleged omission.