2005 (7) TMI 597 - AT - Customs

Summary

Issues:
1. Import of Aluminium scrap not conforming to specified grade.
2. Confiscation of goods and imposition of redemption fine and penalty.
3. Interpretation of ISRI specifications and requirement of import license.

Analysis:
1. The appellant imported Aluminium scrap described as 'TALAP' grade but 20.75 MTs did not meet the TALAP specifications as per ISRI standards. The lower authority confiscated the non-conforming scrap and imposed a redemption fine and penalty under the Customs Act. The Commissioner (Appeals) upheld this decision.

2. Upon hearing both sides, the Tribunal noted that the lower authority relied on the examination report stating the scrap did not meet TALAP specifications. However, the Tribunal observed that just because the scrap did not meet TALAP standards does not automatically mean it is not specified under ISRI. The Tribunal examined ISRI specifications and found that the imported goods could still fall under a different ISRI category like TALDORK. Import license requirement is only for scrap not specified at all under ISRI, which was not the case here. Therefore, the Tribunal disagreed with the Commissioner's view and set aside the impugned order.

3. The Tribunal clarified that an import license is mandatory only when the imported scrap is not specified at all under ISRI. In this case, even though the scrap did not meet TALAP specifications, it could be classified under another ISRI category like TALDORK. Therefore, the Tribunal found no merit in the argument that the goods were not specified under ISRI, leading to the success of the appeal and setting aside of the earlier order.

This detailed analysis of the judgment highlights the issues related to the import of Aluminium scrap, the confiscation of non-conforming goods, and the interpretation of ISRI specifications in determining the necessity of an import license.