2008 (7) TMI 711 - AT - Customs

Summary

Issues:
1. Classification of imported goods as "Tin plated/coated steel sheets" under Customs Tariff Heading 7210 12 90.
2. Rejection of the claim for classification under CTH 7210 50 00.
3. Valuation of the imported goods compared to contemporaneous imports of plain electrolytic tin plate coils.
4. Penalty imposition on the importer and an individual for assisting in duty evasion.

Classification Issue:
The Commissioner of Customs rejected the declared value of imported goods and re-classified them as "Tin plated/coated steel sheets" under CTH 7210 12 90, loading the value to Rs. 43,24,688. Various tests confirmed the tin coating on the goods, although private reports indicating chromium oxide coating were deemed unreliable. Despite not meeting IS standards, the goods were classified as coated steel for customs purposes due to the absence of specific tin percentage requirements. The goods were determined to be of prime quality based on visual examination.

Valuation Issue:
The imported goods were compared to plain electrolytic tin plate coils for valuation, with the argument of incomparability rejected. The goods were found to be coated with tin of less than 0.5 mm thickness, similar to the coils falling under a different classification. Therefore, the enhancement of the goods' value was upheld, leading to penalty imposition on Vora Industries.

Penalty Issue:
An individual was found to have assisted in duty evasion by providing misdeclared import documents, negotiating with suppliers, and signing sale agreements for misrepresented goods. This individual was held liable for penal action. The penalty on Vora Industries was reduced to Rs. 1,50,000, and on the individual to Rs. 1,00,000, considering the circumstances.

Conclusion:
The Tribunal upheld the impugned order regarding classification, valuation, and confiscation while partially allowing the appeals by reducing penalties. The judgment emphasized the classification of goods based on coating presence, rejected claims of incomparability for valuation, and imposed penalties for involvement in duty evasion schemes.