2009 (5) TMI 673 - AT - Customs

Summary

Issues:
Classification of goods under CTH 76109030 or CTH 84806000, differential duty demand, imposition of fine and penalty.

Classification of Goods:
The issue in this case revolves around the classification of goods described as 'Moulds to use for Constructing Building in Dismantled Condition' under CTH 76109030 as held by the Revenue or under CTH 84806000 as claimed by the applicants. The applicants argued that the goods, predominantly made of polypropylene, do not become part of the structure and should be classified under CTH 84806000. They contended that the essential character of the goods was not imparted by aluminium, as required by CTH 76109030. The Commissioner, however, held that the essential character of the goods, rigidity and strength, was imparted by aluminium, classifying them under CTH 76109030.

Expert Opinion and Evidence:
The Commissioner's decision was criticized for lacking expert opinion or substantiation, as technical issues in classification require input from experts. The applicants pointed out that the German Manufacturer classified the goods under Heading 84806000, which was not rebutted by the Commissioner. The Tribunal, after examining the sample, catalogue, and competing Chapter Headings, concluded that the goods were rightly classifiable under CTH 84806000 based on their composition and functional use.

Confiscation and Redemption Fine:
The Tribunal found that there was no misdeclaration by the applicants regarding the goods, making the finding of liability to confiscation and penalty unsustainable. Additionally, the goods were not available for confiscation at the time of the order, leading to the Tribunal's decision to stay the recovery of the redemption fine. Precedents were cited where redemption fines could not be imposed if goods were not available for confiscation, supporting the Tribunal's decision to stay the operation of the impugned order and dispense with the pre-deposit of duty, interest, penalty, and redemption fine pending appeal.

This detailed analysis of the judgment highlights the key arguments, findings, and decisions made by the Tribunal regarding the classification of goods, expert opinions, and the legality of confiscation and redemption fines.