Expert Views Required - MOOWR for Trading Model & Customs Duty on Used Capital Goods at Ex-Bond Clearance

[NYAYASETU LEGAL ASSOCIATES LLP]

Dear Experts,

We seek your views on the following practical issues under the MOOWR Scheme.

Query 1 - MOOWR for Trading Entity

A Company is engaged in trading imported consumer products such as kitchen chimneys, appliances and utensils.

Business model:

• Import finished goods from overseas.
• Store goods at our Central Distribution Centre (Haryana).
• Carry out quality inspection, testing, repacking, relabelling, barcode affixation and kitting.
• Thereafter, supply goods to dealers across India.

No manufacturing activity is undertaken.

Queries:

1. Can such a trading entity obtain MOOWR approval under Section 65?
2. Whether testing, inspection, repacking, relabelling and kitting qualify as 'other operations'?
3. Can customs duty be deferred till DTA clearance?
4. Has anyone implemented a similar model or obtained Customs approval? Any supporting Circulars, FAQs or case laws?

Query 2 - Capital Goods under MOOWR

Another group entity engaged in manufacturing activity of plastic products proposes to import capital goods under MOOWR. The machinery will remain installed and used for manufacturing for around 10-20 years and thereafter may be sold or cleared into DTA.

Queries:

1. At the time of ex-bond clearance after long-term use, will deferred customs duty be payable on:
   • Original import assessable/CIF value, or
   • Depreciated value / WDV?
2. CBIC FAQs mention that depreciation is not available for capital goods cleared into DTA after use. However, under which specific provision of the Customs Act/Rules is such valuation governed?
3. Has anyone practically handled such ex-bond clearance? If yes, how was the assessable value determined and did Customs allow any depreciation?

Any practical experience, departmental practice or judicial precedents would be highly appreciated.

AI Summary

MOOWR Scheme for trading and capital goods clearance raises questions on other operations and duty valuation Consideration of the scope of the MOOWR Scheme for a trading entity importing finished consumer goods, warehousing them, and undertaking testing, inspection, repacking, relabelling, barcode affixation and kitting before domestic supply. The issues raised are whether these activities qualify as 'other operations' for approval under section 65 and whether customs duty may be deferred until clearance into the domestic tariff area without manufacturing activity. The document also raises the question of valuation on ex-bond clearance of capital goods imported under MOOWR after long-term use, including whether deferred duty is payable on the original assessable value or on a depreciated or written-down value, and what provision governs such valuation.