Commissioner of Customs (Preventive) Vs ACME Aklera Power Technology Pvt. Ltd. (CESTAT Delhi)
The appeal was filed by the Department before the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi, challenging the order dated 26.03.2024 passed by the Commissioner (Appeals), Customs, Central Excise & CGST, Jaipur, which set aside the order dated 28.12.2023 passed by the Assistant Commissioner.
The Assistant Commissioner had directed payment of interest of Rs.2,88,17,955/- on duty paid upon ex-bonding of goods covered under ten Bills of Entry, invoking Section 61(2) of the Customs Act, 1962 and paragraph 12 of the CBIC Circular dated 01.10.2019. The amount deposited by ACME Aklera Power Technology Pvt. Ltd. on 12.12.2023 was directed to be adjusted.
ACME Aklera Power Technology Pvt. Ltd. is engaged in development and establishment of solar power projects. It entered into a Power Purchase Agreement dated 10.06.2019 with Solar Energy Corporation of India Ltd. The Central Government introduced the Manufacturing and Other Operations in Warehouse Regulations, 2019, permitting deferral of customs duty payment on imported capital goods, machinery and inputs used for manufacturing or other operations in a private bonded warehouse.
CBIC issued Circular dated 01.10.2019 laying down procedures and documentation requirements for units operating under the 2019 Regulations, including permissions, execution of bonds, receipt, storage, removal of goods, maintenance of accounts and audit procedures.
