2003 (1) TMI 604 - AT - Customs

Summary

Issues:
1. Interpretation of Notification No. 77/80-Cus.
2. Confiscation under Section 111(d) of the Customs Act, 1962.
3. Import of Special Steel Plates.
4. Application of Notifications to goods.

Interpretation of Notification No. 77/80-Cus.:
The case involved a dispute regarding the interpretation of Notification No. 77/80-Cus. The Tribunal initially held that the notification would not apply to the disputed goods except for Ceramic Wool. However, the Apex Court reversed this decision, emphasizing that notifications like 77/80 should not be narrowly construed to defeat their purpose. The appellants argued that the exemption under this notification should extend to special steel plates used in connection with the production of goods for export. The Tribunal ultimately allowed the appeal based on this interpretation.

Confiscation under Section 111(d) of the Customs Act, 1962:
The Commissioner had confiscated special steel plates under Section 111(d) of the Customs Act, 1962. The appellants challenged this decision, arguing that the plates were freely importable under Open General License (OGL) and should not have been confiscated. They contended that the Commissioner did not specify the violation for which the goods were confiscated. The Tribunal found merit in the appellants' argument, noting that the plates were used for fabricating shells for Bright Annealing furnaces and were eligible for import under OGL. The Tribunal set aside the impugned order and allowed the appeal.

Import of Special Steel Plates:
The case also revolved around the import of special steel plates weighing about 11 MT. The Commissioner's initial order dropped charges related to the unauthorized import of certain goods but excluded the special steel plates. The Tribunal remanded the case to the Commissioner for determining redemption fine and penalty specifically for the plates. The appellants, through their counsel, argued that the plates were eligible for import under OGL and should be exempted under Notification No. 77/80-Cus. The Tribunal agreed with the appellants' contentions and set aside the impugned order.

Application of Notifications to goods:
The dispute further involved the application of various notifications to the imported goods. The appellants highlighted that the specific approval obtained for importing second-hand goods did not cover the special steel plates. However, they argued that the plates were generally eligible for import under OGL, which encompassed a wide range of goods. The Tribunal concurred with this argument, emphasizing that the plates were used in connection with the production of export goods and, therefore, qualified for exemption under Notification No. 77/80-Cus. This interpretation led to the allowance of the appeal and the setting aside of the impugned order.