1999 (2) TMI 200 - AT - Customs

Appellate tribunal upholds Collector of Customs decision, rejects Revenue appeal on project import eligibility criteria

COLLECTOR OF CUSTOMS, COCHIN Versus AUTO CAST LTD.

COLLECTOR OF CUSTOMS, COCHIN Versus AUTO CAST LTD. - 1999 (111) E.L.T. 401 (Tribunal) Issues:1. Benefit of project import for a defective microprocessor replacement part.2. Eligibility for concessional rate of customs duty under project import.3. Completion of plant commissioning and impact on project import assessment.Issue 1: Benefit of project import for a defective microprocessor replacement part.The case involved a dispute regarding the benefit of project import for a replacement microprocessor received by M/s. Auto Cast Ltd. The Customs Authorities initially denied the benefit, claiming the microprocessor was imported after the plant's commissioning. However, the Collector of Customs (Appeals) noted that the plant was not fully commissioned when the replacement part was imported. The Revenue argued that since the plant's initial setting was completed, the replacement part was not eligible for project import assessment post-commissioning.Issue 2: Eligibility for concessional rate of customs duty under project import.The Revenue contended that the replacement parts were not eligible for the concessional rate of customs duty under project import as the plant commissioning was deemed complete. However, the appellate authority found that the plant's commissioning was only partial, and the microprocessor was essential for computerized plant operation. The assessment of project imports had not been finalized when the replacement part was imported, and the importers had paid the concessional rate of customs duty applicable to project imports.Issue 3: Completion of plant commissioning and impact on project import assessment.The appellate authority highlighted that the plant's commissioning was not fully completed before the replacement part import. The Ministry's instructions under F.No. 20/56/70-Cus., dated 20-12-1970, were referenced to emphasize that the project import assessment was not finalized. The Conference of the Commissioner of Customs on Tariff concluded that replacement parts for defective machines could be assessed under project import rates if the project had not entered commercial production. The decision emphasized returning or destroying original parts for replacements at project rates during trial runs.In conclusion, the appellate tribunal upheld the Collector of Customs (Appeals) decision, rejecting the Revenue's appeal. The tribunal found no merit in the Revenue's arguments, considering the incomplete plant commissioning and the necessity of the replacement microprocessor for project operation. The case highlighted the importance of project import eligibility criteria and the timing of replacement part imports in relation to plant commissioning.