2006 (9) TMI 406 - AT - Central Excise

Summary

Issues:
- Appeal against confiscation of semi-finished photocopier machine

Analysis:
The appeal was filed by the Revenue against the order-in-appeal passed by the Commissioner (Appeals) where the confiscation of a semi-finished photocopier machine was set aside. The Revenue's case revolved around the import of parts of photocopier machines by the respondent, which were cleared with brand names of other manufacturers. The Revenue did not demand duty on the goods and photocopier machines already cleared but confiscated the semi-finished goods, alleging that the machines were being assembled with the brand names of others.

The Revenue contended that evidence showed the appellants were assembling and clearing photocopier machines using imported parts. On the other hand, the respondent argued that at the time of the Revenue officer's visit, no complete machine was present on the premises. The respondent had imported photocopier machines in semi-knocked down (SKD) condition bearing the manufacturer's name, and they were only repaired on their premises. The Commissioner found that the photocopiers were imported in completely knocked down (CKD) condition with components bearing the original manufacturers' brand names, and appropriate customs duty was paid on them. The Revenue did not challenge this finding but relied on a partner's statement claiming the existence of complete machines with other brand names, for which duty was not demanded. The Commissioner concluded that the goods found on the premises were in the form of semi-finished machines imported in CKD condition, and hence, no confiscation was warranted.

In light of the facts and findings, the Tribunal dismissed the appeal, noting that the photocopiers were imported in CKD condition, duty was paid, and the machines were repaired at the respondent's premises. The Tribunal found no merit in the Revenue's arguments and upheld the order-in-appeal setting aside the confiscation of the semi-finished photocopier machine.