1998 (5) TMI 357 - AT - Customs

Compressors, for Air-conditioners, Transmission parts - Evidence - Misdeclaration - Valuation

Summary

Issues: Classification of imported goods under Customs Tariff, Confiscation of goods, Redemption fine, Personal penalty imposition, Correct valuation of imported goods.

In this case, the appellants imported compressors but declared them as 'shafts/Piston Assembly' under a different classification in the Customs Tariff. The Addl. Collector, Customs held that the goods were compressors classifiable under Heading No. 8414.80 and valued them at Rs. 1,54,128.44 CIF. The order also included confiscation of goods under sections 111(d) & (m) of the Customs Act, 1962, with an option for redemption on payment of a fine. Additionally, personal penalties of Rs. 50,000 each were imposed on the proprietor and the Letter of Authority holder of the importing firm.

The appellants argued that they imported shaft/piston assembly only, not complete compressors for car air conditioners. They claimed that the adjudicating authority wrongly classified the goods without evidence, emphasizing that the goods lacked essential characteristics of compressors like a clutch assembly. However, opinions from the Addl. Industrial Advisor and local dealers confirmed that the imported goods were indeed compressors for car air conditioners, manufactured by a well-known Japanese company. Evidence such as removed stickers, embossments, and a wrong catalogue provided by the appellants supported this conclusion.

The Tribunal upheld the impugned order, ruling that the imported goods were compressors for car air conditioners, not shaft/piston assembly as declared. Valuation was also addressed, with a quotation from the manufacturer indicating a reasonable price for the compressors without a clutch assembly. The Tribunal found no errors in the valuation or classification made by the Addl. Collector, Customs, and dismissed the appeals filed by the appellants, upholding the original order in its entirety.