2008 (6) TMI 424 - AT - Customs

Summary

Issues:
Classification of imported goods under Customs Notification No. 21/2002, Misdeclaration of goods, Confiscation of goods under Section 111(d) of the Customs Act, Redemption of goods under Section 125, Imposition of penalty under Section 112(a), Waiver of pre-deposit and stay of recovery, Out-of-turn disposal of the appeal.

Classification of Imported Goods:
The Commissioner of Customs classified stainless steel plates and plate cuttings imported by the appellants as parts of drums under CTH 7310, denying the benefit of Customs Notification No. 21/2002. However, the Tribunal found that the plates and cuttings were correctly described in the bill of entry and were not parts of drums under Heading 7310. Previous imports under the same notification were allowed, supporting the appellants' claim. The Tribunal noted the description of the goods and the purpose for which they were imported, concluding that the appellants made a prima facie case against confiscation, differential duty demand, and penalty imposition.

Misdeclaration of Goods:
The assessing authority alleged misdeclaration of the goods based on the proposed classification under SH 7310 29 90, which was confirmed by the Commissioner. However, the Tribunal observed that the plates and plate cuttings imported by the appellants were correctly described in the bill of entry as "STAINLESS STEEL PLATES, PLATE CUTTINGS," indicating their intended use for manufacturing drums. The Tribunal found no grounds to support the misdeclaration allegations.

Confiscation and Redemption of Goods:
The Commissioner ordered confiscation of the goods under Section 111(d) of the Customs Act and allowed redemption on payment of a fine of Rs. 15 lakhs under Section 125. The Tribunal, after examining the records and considering the appellants' case, found a prima facie case against the confiscation, leading to the waiver of pre-deposit and stay of recovery for all adjudged dues.

Imposition of Penalty:
In addition to confiscation and redemption orders, the Commissioner imposed a penalty of Rs. 5 lakhs on the party under Section 112(a) of the Customs Act. However, the Tribunal, upon finding a prima facie case in favor of the appellants, ordered the waiver of pre-deposit and stay of recovery for all adjudged dues, dismissing the early-posting petition due to the stay order.

Waiver of Pre-deposit and Stay of Recovery:
The Tribunal, having found a prima facie case in favor of the appellants regarding the classification, misdeclaration, and confiscation issues, ordered the waiver of pre-deposit and stay of recovery for all adjudged dues. The JCDR's submission regarding the unavailability of records did not impact the Tribunal's decision to grant the waiver and stay of recovery, ensuring relief for the appellants.