1983 (10) TMI 253 - AT - Customs

Summary

Issues:
- Interpretation of Transfer of Residence Rules under the Customs Act, 1962
- Determination of the date of purchase of a VCR for customs clearance
- Evaluation of evidence regarding the purchase date and use of the VCR
- Consideration of discrepancies in dates and authenticity of receipts
- Assessment of the appellant's truthfulness and intention in declaring the VCR
- Application of concessions and rules for personal belongings under customs regulations

Analysis:
The appeal before the Appellate Tribunal CEGAT Bombay involved the interpretation of the Transfer of Residence Rules under the Customs Act, 1962. The appellant arrived in India from Muscat and sought clearance for personal belongings, including a VCR. The Assistant Collector of Customs allowed all items except the VCR, as it was believed to have been purchased while the appellant was in Cairo, not Oman. The appellant argued that the VCR was bought before his return from Cairo, supported by the fact that it was serviced just before departure. However, as the VCR was out of Customs charge and could not be examined, the appeal was rejected by the Appellate Collector.

In the subsequent submissions, the appellant contended that all purchases were personal, supported by receipts and his passport, emphasizing actual use as the crucial factor. The appellant's counsel argued that the allowance of a colored TV indicated the VCR's use, given the lack of quality programs in the Middle East. Additionally, the appellant's decision to truthfully declare the VCR, despite the option to claim it as a gift, demonstrated his honesty. On the contrary, the respondent argued that discrepancies in purchase dates and the VCR's condition contradicted the appellant's claims, justifying the denial of concessions.

The primary evidence against the appellant included a receipt dated before his return from Cairo and the VCR's seemingly new condition. The appellant explained the date discrepancy reasonably, suggesting the possibility of obtaining the receipt before leaving Oman. Despite the new appearance of the VCR, the appellant's acquiescence to this finding and possession of an old model raised doubts. Considering all circumstances, including the unused Customs Concessional Permit and the allowance of other items, the Tribunal found in favor of the appellant. The Tribunal concluded that the appellant should benefit from the doubt, setting aside the appealed order and granting consequential relief.