cannot treat imported cattle feed as merely on allegations of diversion for human consumption, particularly when laboratory reports indicate the goods are unfit for human consumption, the held on . A Division Bench of Justices Anita Sumanth and S. Raveekumar upheld the release of a 500-bag consignment of agricultural rejected nut pieces imported by S.R. Rajarajendiran, proprietor of , against sufficient , while allowing to continue.
"The argument that the goods are prohibited is, as at this stage at any event, baseless and of no merit whatsoever,"
the Bench said.
had detained the consignment after an alert from the Targeting Centre flagged instances of consignments declared as cattle feed allegedly containing cashew kernels. A memo was later issued and its validity extended; Rajarajendiran challenged it. A Single Judge quashed the extension order and directed release against , prompting the department's appeal.
The Court reviewed three laboratory reports: one found the goods unfit for human consumption, another found the extracted fat's acidity exceeded permissible limits, and a third found parameters within limits for compounded cattle feed but could not assess fitness for human consumption.
argued importers had allegedly diverted similar consignments for human consumption products, and that the declared import price of Rs 90 per kg fell below the Rs 680 per kg threshold in a alert concerning broken cashew kernels. The Court rejected both submissions as insufficient grounds for continued , noting failed to produce any notification supporting the minimum price threshold despite being asked for it. A purchase order from a women's milk producers' cooperative society for cattle feed supported the importer's claimed intended use.
Six-month deadline question referred to Chief Justice
The Bench also examined how to calculate the period for extending under Section 110(2) of the Act, 1962, which requires to issue a notice under within six months of , failing which goods must be returned, subject to the statutory extension mechanism.
On whether the period runs from the date of or the date of , the Court noted conflicting views in two earlier Division Bench judgments: treated the date as relevant, while treated as synonymous with . Since the later Bench had not considered the earlier judgment, the matter was referred to the Chief Justice for consideration of a larger Bench.
It also held that a subsequent extension order issued during the pendency of the appeals had become , dismissed the appeal challenging that order, and upheld the direction to release the consignment against sufficient .
upheld for supplies
In a separate ruling on , the at Chennai held that the Explanation to does not bar on duty-paid transferred under a , as the value of such goods falls outside the .
A Bench of Judicial Member Ajayan T.V. and Technical Member Vasa Seshagiri Rao allowed appeals by , a manufacturer of turbines, generators, motors and rotary converters, which engaged contractors for design, supply, installation and commissioning at its Manali factory.
The company issued letters of intent and separate purchase orders for equipment supply and for installation, testing and commissioning; contractors' named them as buyers and Toshiba JSW as consignee, and they separately charged service tax on erection and commissioning services.
Toshiba JSW claimed on the excise duty paid on the goods as and on the service tax charged for erection services. The Department denied credit, arguing the contracts were and the goods became part of an , . Relying on read with the , the confirmed the demand; the Commissioner (Appeals) upheld that decision.
Immovability does not defeat credit
The Tribunal accepted the contracts were, in substance, works contracts and ownership passed to Toshiba JSW at the latest when the contractors incorporated the goods into the plant, but held this did not defeat credit because the goods were covered by , received at the factory and used as components of the manufacturing plant. The rules did not require the claimant to own the goods on receipt or install them itself.
"If the immovability of an installed plant defeated credit on its components,
credit would be unavailable for most of the goods for which the definition was framed,"
the Tribunal observed.
On the , the Bench distinguished goods whose value falls outside the from goods exempted from an otherwise applicable levy. The exclusion of such goods under Notification No. 12/2003-ST or Rule 2A did not constitute an triggering the Explanation.
The Tribunal also held that the could not be invoked because Toshiba JSW had claimed credit on , recorded it in and disclosed it in returns. It allowed both appeals and granted .
cattle feed import detention - prohibited goods classification - release against indemnity - works contract CENVAT credit - capital goods immovable plant