2002 (10) TMI 717 - AT - Customs

Summary

Issues involved: Classification of imported goods, imposition of redemption fine and personal penalty, clearance of goods under D.F.R.C.

Classification of imported goods:
The appellants imported Polyester Fabric classified under Customs Tariff Heading 5407.61, but the Revenue reclassified it under Heading 5407.69 based on a test report. The appellants did not challenge the new classification but disputed the redemption fine and personal penalty imposed.

Imposition of redemption fine and personal penalty:
The appellants argued that they did not mis-declare the goods and had classified them according to their understanding. They contended that the Customs changing the sub-heading did not warrant confiscation or penalties. The Tribunal agreed, noting the appellants' cooperation with test reports and lack of Customs inquiry into technical details.

Clearance of goods under D.F.R.C.:
The issue of clearing goods under D.F.R.C. was not part of the adjudication proceedings, and the Commissioner's decision on this matter was deemed outside the scope of the show cause notice. The Tribunal ordered the removal of the Commissioner's statement from the Order and allowed Customs to re-examine the D.F.R.C. clearance issue with the appellants' participation.

This judgment by the Appellate Tribunal CEGAT, Kolkata addressed the classification of imported goods, the imposition of fines and penalties, and the clearance of goods under D.F.R.C. The Tribunal ruled in favor of the appellants, setting aside the redemption fine and personal penalty while allowing Customs to reevaluate the D.F.R.C. clearance issue with proper opportunity for the appellants to present their case.