1985 (1) TMI 333 - AT - Customs

Summary

Issues:
1. Transfer of Revision Application to the Tribunal
2. Disputed value of imported goods against license
3. Appeal against Appellate Collector's order
4. Legal restriction on value limit in license
5. Authenticity of photostat copies and original license

Transfer of Revision Application to the Tribunal:
The Revision Application filed before the Government of India against the Order-in-Appeal was transferred to the Tribunal for being heard as an appeal. The Tribunal had jurisdiction to consider the matter as an appeal.

Disputed value of imported goods against license:
The appellants imported 'silica' valued at Rs. 51,040 against a license for Rs. 1,00,000. The Deputy Collector ordered confiscation of goods not covered by the license and allowed redemption on payment of a fine. The Appellate Collector reduced the fine to Rs. 15,000 considering a specific authorization in a second list attached to the license. The appellants challenged this order.

Appeal against Appellate Collector's order:
The appellants contended that the Appellate Collector wrongly restricted the value limit to Rs. 5,000 when no such restriction was in the license. They argued that value restrictions did not apply to them as DGTD units, unlike small scale industries. The appeal sought a refund of the fine amount paid.

Legal restriction on value limit in license:
The Respondent Collector argued that the appellants had not challenged the legality of the original order before the Appellate Collector. They questioned the authenticity of photostat copies provided by the appellants and the attachment of the same list to multiple licenses. The authenticity of the license and lists was crucial to determine the validity of the import.

Authenticity of photostat copies and original license:
The Appellate Tribunal rejected the Respondent's argument that the appellants could not challenge the legality of the order-in-original. It was held that despite initial abandonment of a plea, the issue could still be raised at the Appellate level. The Tribunal found that the Appellate Collector's order was flawed as it restricted the value without proper evidence. The matter was remanded to the Collector (Appeals) for reconsideration based on the original license and lists provided by the appellants within two months.