1994 (1) TMI 242 - AT - Customs

Issues Involved:
1. Eligibility for Duty Exemption under Notification No. 489/86-Cus.
2. Classification of the Imported Machine.
3. Allegation of Mis-declaration under Section 111(m) of the Customs Act.
4. Inclusion of Agency Commission in Assessable Value.
5. Imposition of Penalty under Section 112 of the Customs Act.

Detailed Analysis:
1. Eligibility for Duty Exemption under Notification No. 489/86-Cus:
The primary issue was whether the imported "Paper Maker's Felt Needle Punching Machine Type NL/18/II" qualified for duty exemption under S. No. 19 of Notification No. 489/86-Cus., as amended by Notification No. 283/89, which covers "Composite Felt Making Plant including Coating/Garnetting/Needle Looms." The notification exempts specified machinery used in the manufacture of jute products. The appellants argued that the machine could be used for manufacturing jute products, including geo-textiles. However, the adjudicating authority found that the machine was primarily designed for making paper maker's felt, which does not use jute fiber. The appellants failed to provide evidence that the machine was normally used with jute fiber. Consequently, the benefit of the notification was denied.

2. Classification of the Imported Machine:
The machine was described in the bill of entry as "Paper Maker's Felt Needle Punching Machine (Needle Loom) type NL-18/II." The adjudicating authority, based on evidence and correspondence, concluded that the machine was specifically designed for manufacturing paper maker's felt and not jute products. The machine was categorized as a high-capacity finishing machine for needling both sides of felts, which did not fit the description of a "Composite Felt Making Plant" as per the notification. The machine was not a composite plant but a single unit, and thus did not qualify under S. No. 19 of the notification.

3. Allegation of Mis-declaration under Section 111(m) of the Customs Act:
The department alleged that the appellants made a wrongful claim of duty exemption by declaring that the machine would be used for manufacturing jute products. However, the adjudicating authority found no evidence of mis-declaration. The appellants had produced necessary documentation and had their industrial license endorsed for the manufacture of diversified jute products. The Collector concluded that there was no mis-declaration and dropped the charge under Section 111(m).

4. Inclusion of Agency Commission in Assessable Value:
The department argued that the agency commission paid to M/s. Greaves Cotton & Co. Ltd. should be included in the assessable value of the machine. The adjudicating authority found that the commission amounting to 1.5% of the ex-works value should be added to the declared C.I.F. value. The correct assessable value was recalculated, and duty was demanded accordingly.

5. Imposition of Penalty under Section 112 of the Customs Act:
The department sought to impose a penalty under Section 112 for contravention of the Customs Act. However, the adjudicating authority found no grounds for penalty as there was no evidence of mis-declaration or fraudulent intent. The Collector's decision to drop the penalty proceedings was upheld.

Conclusion:
The appeals were dismissed, confirming that the imported machine did not qualify for the duty exemption under Notification No. 489/86-Cus. The machine was classified correctly, and there was no mis-declaration by the appellants. The inclusion of the agency commission in the assessable value was upheld, but no penalty was imposed under Section 112 of the Customs Act.

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