Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1349

Permission for re-export of machinery parts imported for jobwork purpose

Case: Craftsman Automation Pvt. Ltd. versus Commissioner of Customs
 
Citation: 2011 (271) ELT 554 (Tri. – Chennai)
 
Issue:- Re-export of parts of machinery imported earlier for undertaking jobwork – re-export sought as supplier not wanting to continue the work and demanded return of goods – whether permission can be denied?
 
Brief Facts:- Appellants imported parts of printing machinery from M/s. Beijing Mitsubishi Heavy Industries Beiren Print­ing Machinery Co. Ltd., China in the month of August 2008. They had imported the same for the purpose of undertaking job work. They have undertaken job work using some quantity of the parts imported and exported the resultant sub-assemblies to the above mentioned supplier in China. It is claimed that due to slow down in economic activities the supplier did not want further job work to be done by the appellant and asked for return of the balance of imported parts as such. The ap­pellants made the request for re-export for balance of goods received by them which was rejected by the Commissioner.
 
Hence, appellant is before the Tribunal.
 
Appellant’s Contention:- Appellant contended that the goods were im­ported only for the purpose of job work; that they are not the owners of the goods; that as the supplier has chosen not to continue the work and sought for the return of the balance of the goods, they were under the obligation to return the goods as such. He relies on the decision of the Tribunal in the case of Kerala Hi- Tech Industries Ltd. v. CCE, Cochin [2001 (132) E.L.T. 593] wherein re-export of goods imported in similar circumstances was permitted. Appellant also relies on the decision of the Tribunal in the case of Also Marine & Harvests Ltd. v. CC, Cochin [2007 (216) E.L.T. 405] and submits that the law does not expect anything which is impossible to be done in their case, as the goods belong to the supplier and they do not want the job work to be done, it becomes inevitable on their part to return the balance goods and keeping the goods by them has become impossible. Appellant also relied on Para 2.35 of the Foreign Trade Policy which per­mits re-export of imported goods in the same or substantially in the same form provided that the item to be imported or exported is not restricted for import or export.
 
Respondent’s Contention:- Revenue submitted that the condition of the notification for re-export is not fulfilled.
 
Reasoning of Judgment:- The Tribunal noted that Notification No. 93/2004 permits "where the materials are found defective or unfit for use, the said materials may be re-exported back to the foreign supplier within three years from the date of payment of duty on the importation thereof, provided that at the time of re-­export the materials are identified to the satisfaction of the Deputy Commis­sioner of Customs or Assistant Commissioner of Customs, as the case may be, as the materials which were imported."
 
It was held that the reasoning given by the Commissioner is that the appellants have used part of the imported consignments for manufac­turing the sub-assemblies and exported and therefore the remaining parts cannot be held to be defective or unfit for use. There is no doubt that the goods cannot be treated as unfit for use. However, it is the case where the supplier has not permitted the appellants to use any further.
 
It was held that it is not as if no permission is being granted by the customs authori­ties for re-export of the imported goods. The Foreign Trade Policy (Para 2.35) permits re-export of imported goods provided there is no restriction on the im­port and the export. For example, in cases of wrong supply re-export is being permitted. Even in cases of mis-declaration, the request for re-export is being considered after subjecting the goods to adjudication for the offence of mis-declaration.
 
The Tribunal held that in the present case it has not been alleged that there is any restric­tion on the import of the goods or for export of the same goods. If duty has been paid at the time of import, the re-export as such has to be governed by the provi­sions of Section 74 of the Customs Act, 1962 on the quantum of drawback.
 
In the present case, the goods have been imported duty-free i.e. subject to nil assessment. The appellants are only asking for re-export of the goods in the circumstances mentioned above. The reasoning adopted by the Commissioner for rejecting re-export cannot be appreciated. It is not the case that the condition of the notification has been violated and therefore the Commis­sioner has held the goods to be liable for confiscation or has demanded any duty. Therefore, the order of the Commissioner rejecting the request for re-export can­not be sustained. The same is set aside. The Commissioner shall allow re-export subject to the appellants proving that the goods sought to be exported are the same as the goods which were imported.
 
Decision:- Appeal allowed.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com