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of <h1>Tribunal rules in favor of Revenue in customs duty appeal emphasizing distinct nature of additional duty</h1> <h3>COLLECTOR OF CUSTOMS Versus SHRI RAMA MACHINERY CORPN. PVT. LTD.</h3> The Tribunal allowed the Revenue's appeal against the Collector of Customs (Appeals) decision regarding the levy of additional duty on imported m.s. ... Additional customs duty on second hand machinery Issues:- Appeal against the order of the Collector of Customs (Appeals) regarding the levy of additional duty on imported m.s. scrap.- Interpretation of the provisions related to the levy of additional duty under the Customs Tariff Act, 1975.- Application of the Supreme Court judgment on the levy of additional duty on imported articles.Analysis:The appeal was filed by the Revenue against the order of the Collector of Customs (Appeals) concerning the levy of additional duty on imported m.s. scrap. The imported goods were assessed to duty under Item 73.16 (1) CTA and c.v. duty at a specific rate. The importers claimed a refund of duty, arguing that additional duty is applicable only on manufactured goods. The Collector (Appeals) ruled in favor of the importers, stating that no c.v. duty is leviable on used and second-hand scrap. The Revenue contested this decision, arguing that additional duty is leviable under the Customs Tariff Act, regardless of whether central excise duty is applicable in India. The Revenue emphasized that even if similar goods attract central excise duty in India, imported scrap must be charged with additional duty to counterbalance excise duty on raw materials used in production.The learned JDR representing the Revenue contended that the levy of additional duty on the scrap was justified, citing a Supreme Court judgment that the application of a manufacturing process to imported articles is irrelevant for the levy of additional customs duty. The JDR referred to specific sections of the Customs Act and the Customs Tariff Act to support the argument that additional duty is distinct from countervailing duty and is leviable even if the imported goods are not capable of being manufactured in India. The JDR concluded that the Collector (Appeals) erred in applying central excise duty principles to the levy of additional duty and that the Supreme Court's decision sets a clear precedent in this regard.On the other hand, the consultant for the respondent acknowledged the Supreme Court's decision but raised a new ground for classification under a different tariff item, seeking a refund of differential duty. However, the Bench noted that this new ground should have been raised through a cross objection and proper application procedure. The Bench referred to relevant case laws emphasizing the importance of following procedural rules for introducing new grounds during the appeal process. Due to the failure to adhere to the procedural requirements, the new ground for classification could not be considered at that stage.In conclusion, the Tribunal held that the Collector (Appeals) erred in deeming second-hand scrap as not subject to central excise duty levy, in light of the Supreme Court judgment. The appeal by the Revenue was allowed, emphasizing the distinct nature of additional duty under the Customs Tariff Act. The failure to follow proper procedures for introducing new grounds during the appeal process resulted in the classification issue not being considered at that stage, as per the established rules and case laws.
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