1982 (12) TMI 198 - AT - Customs

Summary

Issues:
- Correct rate of Customs duty applicable to a consignment of 'Insulators, Actuators & Contacts'
- Classification of goods under sub-heading (1) of Heading 85.18/27 of the Customs Tariff Act, 1975
- Applicability of Customs Notification No. 172 of 8th August, 1977 for duty exemption
- Burden of proof for claiming duty exemption
- Eligibility of imported goods for concessional rate of duty

Analysis:
The case involved a dispute over the correct rate of Customs duty applicable to a consignment of 'Insulators, Actuators & Contacts' imported and cleared through the Madras Port. The Customs authorities classified the goods under sub-heading (1) of Heading 85.18/27 of the Customs Tariff Act, 1975 and assessed duty at 100% ad valorem (Basic duty) and 44.20% ad valorem (Auxiliary duty). The Appellants claimed that the duty should have been 60% ad valorem (Basic duty) plus 15% ad valorem (Auxiliary duty) under a specific Customs notification. The Assistant Collector and the Appellate Collector rejected the claim due to lack of substantiation regarding the goods being component parts of relays and their electrical ratings.

The Appellants contended before the Tribunal that the imported goods were parts of relays and qualified for duty exemption under the Customs notification. However, they failed to provide documentary evidence supporting their claim. The Department argued that the burden of proof for claiming duty exemption rested on the party seeking the benefit, citing a relevant judgment. They emphasized the need to establish that the imported goods did not fall under specific categories in the notification to claim the exemption.

After considering the submissions, the Tribunal found that the imported goods fell under the scope of the Customs Notification No. 172 of 8th August, 1977, making them eligible for the concessional rate of duty. As the goods did not fall under the specified categories in the notification, they were entitled to the benefit of the duty exemption. The Tribunal allowed the appeal, directing the Customs authorities to re-assess the goods and refund the differential amount to the Appellants within two months.