2005 (5) TMI 482 - AT - Customs

Summary

Issues:
1. Benefit denial of Notification No. 83/90-Cus for imported melting scrap.
2. Belated production of End Use Consumption Certificate.
3. Eligibility for availing the benefit of notification.

Issue 1: Benefit denial of Notification No. 83/90-Cus for imported melting scrap:
The appeal stemmed from the confirmation of duty due to the denial of the benefit of Notification No. 83/90-Cus for imported melting scrap. The appellants had utilized a portion of the imported scrap, but the Commissioner refused to grant them the benefit for the quantity they had used, citing the belated production of the End Use Consumption Certificate. The appellants argued for the opportunity to utilize the remaining unutilized imported scrap to avoid duty confirmation.

Issue 2: Belated production of End Use Consumption Certificate:
The Commissioner's decision to deny the benefit based on the belated production of the End Use Consumption Certificate was challenged. The Tribunal opined that the strict restriction on the timing of producing the certificate cannot be upheld. It was clarified that the production of the certificate is a procedural requirement, and as long as it is produced, the benefit of the exemption notification should not be denied. This stance was supported by previous Tribunal and High Court decisions.

Issue 3: Eligibility for availing the benefit of notification:
The Tribunal modified the impugned order, ruling that the appellants were eligible to avail the benefit of Notification No. 83/90-Cus for the quantity of steel melting scrap they had utilized, amounting to 551.760 MTs out of the total imported quantity. However, they were deemed ineligible for the benefit concerning the remaining unutilized scrap. The appeal was partially allowed, clarifying the extent to which the appellants could benefit from the notification.

In conclusion, the Tribunal's decision favored the appellants by allowing them to avail the benefit of the notification for the utilized quantity of imported melting scrap, emphasizing the procedural nature of the End Use Consumption Certificate and rejecting the strict restriction imposed by the Commissioner.