2014 (9) TMI 184 - HC - Central Excise

Classification - rate of duty - Jurisdiction of high court - import of worn clothing - 78 bales of Ladies Cotton Pant were found to be completely soaked and unfit for use. - restrictions in terms of Foreign Trade Policy the consignment - Held that - The language of Section 130E is wide. Appeal to the Supreme Court lies not only from determination of duty or determination of valuation but determination of any question having relation to the rate of duty of customs or to the value of goods. Thus any decision which is in any way related to determination of any question having any relation to the rate of duty of customs or to the value of goods for the purpose of assessment is appealable before the Supreme Court and not the High Court. - appeal dismissed.

Issues:
1. Assessment of duty on imported goods.
2. Classification of goods as 'worn clothing'.
3. Re-examination of goods by Directorate of Revenue Intelligence.
4. Appeal against the order of adjudication.
5. Maintainability of the appeal under Section 130E of the Customs Act, 1962.

Assessment of Duty on Imported Goods:
The appellant challenged the assessment of duty on imported goods, specifically old and used garments, which were declared at a certain value but were assessed at a higher value per kilogram by the Customs Authorities. The appellant argued that the goods were not adequately categorized, lacking detailed information such as a breakdown of different clothing categories and specific items. The consignment, including items like sweaters, trousers, tops, and miscellaneous articles, was allowed to be stored pending adjudication due to restrictions on the import of worn clothing. The authorities ascertained wholesale market prices to determine the margin of profit on different types of garments.

Classification of Goods as 'Worn Clothing':
Upon re-examination by the Directorate of Revenue Intelligence, discrepancies were found in the contents of the bales. Some items were not as declared, indicating an attempt to evade customs duty by misdeclaring brand new clothes as old and worn garments. The examination revealed that certain bales contained only Ladies Cotton Pants, contrary to the declaration. The investigation also involved the production of records by a wholesale dealer of old garments, showing purchase prices of items from the same importers, further highlighting the misrepresentation of goods.

Re-examination of Goods by Directorate of Revenue Intelligence:
During the re-examination, it was discovered that the goods were packed using a hydraulic pressing process, leading to compression and the use of metallic strips to secure the bales. The examination methods included bursting open some bales and visually inspecting others behind the metallic strips. This process revealed discrepancies between the declared and actual contents of the bales, with new items like jackets, shirts, and trousers found instead of the reported worn clothing.

Appeal Against the Order of Adjudication:
The Adjudicating Authority initially rejected the classification of goods under a specific Customs Tariff Heading, directing a reclassification under different headings based on the condition of the items. The respondent appealed this decision, leading to the Tribunal allowing the appeal and remanding the case for a fresh decision. The appellant contested the remand, arguing that the Tribunal should not have sent the matter back for reassessment, citing previous judgments emphasizing the importance of recording factual findings and avoiding unnecessary remands.

Maintainability of the Appeal Under Section 130E of the Customs Act, 1962:
The respondent challenged the maintainability of the appeal, citing Section 130E of the Customs Act, 1962, which allows appeals to the Supreme Court on matters related to the rate of duty or the value of goods for assessment purposes. The appellant argued that the appeal did not question the assessment but was based on the remand decision. Reference was made to various judgments highlighting the scope of appeals under similar provisions in different statutes, emphasizing the need for a substantial question of law for appeal to a higher court.

In conclusion, the High Court dismissed the appeal, emphasizing the wide scope of Section 130E of the Customs Act, 1962, which allows appeals to the Supreme Court on matters related to customs duty rates or the valuation of goods. The Court highlighted the importance of factual findings and the avoidance of unnecessary remands, citing relevant judgments to support the decision.

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