2002 (5) TMI 566 - AT - Customs

Summary

Issues:
1. Inclusion of the value of drawings in the assessable value of imported cranes under Customs Valuation Rules.
2. Confiscation of drawings and imposition of fine and penalty.
3. Assessment of drawings under the Customs Tariff Heading.
4. Correct classification of goods and admissibility of relevant exemption Notification.
5. Re-determination of penalty in light of the decision on classification.

Analysis:
1. The case involved the inclusion of the value of drawings in the assessable value of imported cranes under Rule 9(1)(b)(iv) of the Customs Valuation Rules. The department sought to include the value of drawings in the cranes' value, alleging duty evasion due to splitting the value by two contracts. However, the Tribunal held that the drawings imported were not engineering or development plans necessary for crane production. Thus, the value of the drawings was not includible in the assessable value of the cranes.

2. The adjudicating authority had confiscated the drawings and ordered their assessment under a specific Customs Tariff Heading, imposing a fine and penalty on the importers. The Tribunal found that the assessable value of the cranes had not been determined as per the Customs Act or Valuation Rules, and no under or over-invoicing was established. Consequently, the confiscation of the drawings was set aside, and the penalty was re-determined based on correct classification and any potential duty liability.

3. The Tribunal disagreed with the assessment of the drawings under a particular Customs Tariff Heading, stating that the declaration of the goods as operating instruction and spare parts manuals was correct. The case was remanded for the correct classification of the goods and consideration of exemption Notification, which had not been addressed by the authorities earlier. The penalty was also subject to re-determination based on the final classification and duty liability.

4. In conclusion, the Tribunal disposed of the appeal by setting aside the inclusion of drawing value in crane assessment, overturning the confiscation of drawings, and remanding the case for correct classification and penalty re-determination based on the decision on classification and duty liability.