2001 (9) TMI 689 - AT - Customs

Summary

Issues:
1. Duty liability on the amount paid under a technical collaboration agreement.

Analysis:
The case involved the appellant entering into a technical collaboration with a foreign company for manufacturing UPS systems. The appellant paid the first instalment of US $3,000 under the agreement, but no capital goods or technical knowhow were imported as the agreement expired and was not extended. The Deputy Commissioner of Customs held that duty was payable on the US $3,000 as it was not remitted back to India. The Commissioner of Customs (Appeals) upheld this decision, emphasizing the need to account for foreign currency remitted out of India. The Tribunal noted that no imports were made by the appellant due to the agreement expiration and rightly concluded that no duty could be demanded on the US $3,000 when no goods were imported. The Tribunal set aside the lower authorities' orders, stating that there is no provision under the customs act to levy duty on amounts remitted to foreign collaborators without corresponding imports. Consequently, the appeal was allowed in favor of the appellant, providing them with consequential relief.

In conclusion, the Tribunal ruled that the duty liability on the US $3,000 paid under the technical collaboration agreement was not sustainable as no imports were made by the appellant. The judgment highlighted the absence of provisions in the customs act to impose duty on amounts remitted to foreign collaborators without actual imports. The decision overturned the lower authorities' orders and provided relief to the appellant, emphasizing the importance of actual imports in determining duty liability under such agreements.