2006 (4) TMI 382 - AT - Customs

Summary

Issues:
1. Under-valuation and licensing violation of imported second-hand photocopiers.
2. Enhancement of photocopier values, confiscation, and imposition of penalties.
3. Interpretation of policy regarding import of second-hand photocopiers.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Bangalore involved the Revenue challenging Orders-in-Appeals passed by the Commissioner of Customs and Central Excise, Hyderabad, regarding the import of second-hand photocopiers. The Revenue alleged under-valuation and licensing violation, leading to enhanced values, confiscation, and penalties. The Commissioner (Appeals) upheld the value enhancement based on a Board's Circular, but set aside the penalties citing a decision by the Larger Bench of CESTAT, New Delhi. The Revenue contended that second-hand photocopiers require a specific license under the Foreign Trade Policy, as clarified by DGFT in a letter to the Commissioner, Trichy.

During the proceedings, the JDR for the Appellant reiterated the grounds of appeal, while no representation was made on behalf of the Respondents. The Tribunal carefully reviewed the case records and noted that the Commissioner (Appeals) correctly followed the Larger Bench's decision. The Tribunal held that the interpretation of the policy in the Larger Bench's decision was binding, and therefore, declined to set aside the Commissioner's order based on the DGFT's clarification. Consequently, the Tribunal dismissed the Revenue's stay application and appeal.

In conclusion, the Tribunal found that the policy interpretation established by the Larger Bench decision was decisive in this case, leading to the dismissal of the Revenue's appeal. The judgment highlights the importance of following established legal interpretations even in the face of subsequent clarifications or communications from relevant authorities.