Goods were imported without payment of duty under Customs (Import of Goods at Concessional Rate of Duty – IGCR ) Rules and imported goods diverted to sister unit for manufacturing under stock transfer without intention to evade tax. The Customs Dept. took the view that the Appellants have breached the conditions set out in the Rules and demanded Duty with interest also penalties under sec. 112 as well as 114A. Is the Customs decision is tenable ?

In the above case, imported goods were transferred to sister concern without malafide intention and from the records it was proved that the imported goods have been utilised by their sister concern in the manufacture of identical goods which have been also cleared on payment of the applicable Central Excise Duty ( now GST )

It is evident from the facts and circumstances of the case that the diversion of the goods to their sister concern has not been done with intention to evade the Customs Duty concession.

The duty demand raised by the Customs Dept. is upheld and the penalties imposed under Section 112 as well as 114A of the Customs Act, 1962 are set aside.

M/S INDORE COMPOSITE PVT. LTD. VERSUS CCE, INDORE, CESTAT NEWDELHI, decided on 16.05.2017

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