2007 (12) TMI 389 - AT - Customs

Classification of Tyres, old and used - Held that - it cannot be said that the goods in question are tyres falling under Heading 4012 20 10 and heading 4012 20 20 as held by the Commissioner. We, accordingly, agree with the appellants that no specific licences were required for import of the same. Having classified that the goods are old, used, rejected rubber tyres, which are more in the nature of scrap and junk, the reduction of the transaction value and enhancement of the assessable value by the Commissioner cannot be upheld, especially when there is no evidence to that effect. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Classification of imported tyres under Central Excise Tariff Act, expert opinions on the condition and usability of the tyres, applicability of import licenses, assessment of assessable value by the Commissioner.

Classification of Imported Tyres:
The Tribunal reviewed the case involving imported used and old tyres, initially classified as 4012 20 90, but found fit for classification as 4012 20 10 and 4012 20 20. The Commissioner's order confiscating the goods, enhancing their value, and imposing a penalty was set aside by the Tribunal due to reliance on an expert opinion by a tyre manufacturer, which was deemed insufficient. The Tribunal directed the original authority to seek expert opinions on the usability of the tyres in motor vehicles and consider a Larger Bench decision for guidance.

Expert Opinions on Tyre Condition:
Expert opinions obtained by the Commissioner indicated that the tyres were old, used, and not safe for use in motor vehicles, with some experts suggesting they were only suitable for animal-driven vehicles. Despite this, the Commissioner classified the tyres as capable of use in motor vehicles, arguing that their deteriorated condition did not automatically make them animal-driven tyres. The Tribunal disagreed with this classification, emphasizing that the tyres were no longer fit for motor vehicle use based on expert assessments.

Applicability of Import Licenses:
The appellants contended that the imported tyres were discarded, with a residual life of less than 10% of normal tyre life, making them suitable for animal-driven vehicles or tractor trolleys. They argued for classification under Customs Tariff Heading No. 4012 20 90, exempt from import licenses. The Tribunal agreed with the appellants, ruling that specific licenses were not required for the import of these tyres based on their condition and usability.

Assessment of Assessable Value:
The Commissioner's decision to reduce the transaction value and enhance the assessable value of the tyres was overturned by the Tribunal. The Tribunal found no evidence to support the Commissioner's assessment, especially considering the tyres were deemed old, used, rejected rubber tyres closer to scrap and junk. Consequently, the Tribunal set aside the impugned order, allowing the appeal and granting consequential relief to the appellants.

This comprehensive analysis of the legal judgment highlights the key issues, expert opinions, classification disputes, import license requirements, and assessment of assessable value, providing a detailed overview of the Tribunal's decision and reasoning in the case.