2007 (3) TMI 616 - AT - Customs

Summary

Issues:
- Appeal against the order of confiscation of imported goods and penalty imposition.
- Determination of whether the imported goods constitute complete capital goods.
- Assessment of the Commissioner (Appeals) decision to set aside the order of confiscation and penalty imposition.

Analysis:

Issue 1: Appeal against the order of confiscation of imported goods and penalty imposition
The appeal was filed by the Revenue against the Order passed by the Commissioner (Appeals) where the confiscation of imported goods and penalty imposition were set aside. The Commissioner (Appeals) granted relief based on the argument that the majority of the consignment had already been cleared by customs authorities at Nhava Sheva as capital goods without any challenge. The appeal was allowed, and the decision to confiscate the goods and impose a penalty was set aside.

Issue 2: Determination of whether the imported goods constitute complete capital goods
The contract between the importer and the foreign supplier was for a complete Blanking line Hatachi Zosen. 90% of the consignment was imported at Nhava Sheva without any objection from the Revenue. The remaining 10% was imported at Mumbai Port due to the unavailability of facilities at Nhava Sheva. The Commissioner (Appeals) observed that since the majority of the consignment was treated as capital goods and not challenged, treating the remaining 10% as not capital goods was deemed incorrect. The Tribunal held that the present consignment, being part of the same contract, should be considered as the import of complete capital goods and not requiring any license.

Issue 3: Assessment of the Commissioner (Appeals) decision
The Tribunal found no infirmity in the decision of the Commissioner (Appeals) to set aside the order of confiscation and penalty imposition. Consequently, the Revenue's appeal was rejected, upholding the Commissioner (Appeals) decision based on the facts and circumstances of the case.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) to set aside the order of confiscation and penalty imposition, determining that the imported goods constituted complete capital goods based on the contract between the importer and the foreign supplier.