2015 (12) TMI 1145 - AT - Customs

Classification of Brass Builder Hardware - Classification under CTH 8302 1010 under Tariff heading 7415 - Held that - Respondent has clearly described the goods as Brass Builder Hardware (Nuts). Although the respondent has classified the goods under Tariff heading 8302, later-on they classified the goods correctly under Chapter heading 7415. In those circumstances, it cannot be said that the respondent has mis-classified the goods as the description of the goods given by the respondent is correct. Therefore, confiscation of the goods is not warranted and consequently, redemption fine and penalty is not imposable. In these circumstances, I do not find any infirmity with the impugned order and the same is upheld - Decided against Revenue.

Summary

Issues: Revenue appeal against dropping redemption fine and penalty on misclassification of goods for higher drawback claim.

In this case, the main issue revolves around the misclassification of goods by the respondent to obtain a higher drawback claim. The respondents filed a shipping bill for export of Brass Builder Hardware (Brass Nuts) under CTH 8302 1010, which the department later classified under Chapter heading 7415 for drawback schedule purposes. The adjudicating authority held the goods liable for confiscation due to misclassification, leading to the imposition of redemption fine and penalty on the respondent. The Commissioner (Appeals) set aside these demands, prompting the Revenue to appeal the decision.

The Revenue argued that the respondent misclassified the goods to secure a higher drawback claim, justifying the confiscation and imposition of fines. On the other hand, the Consultant for the respondent contended that while initially classified under CH 8302, the goods were later correctly classified under Chapter heading 7415. The Consultant maintained that the goods were not mis-declared, as the description provided by the respondent was accurate. The Commissioner (Appeals) supported this position in their order.

Upon review, the tribunal found that the respondent had indeed accurately described the goods as Brass Builder Hardware (Nuts) in the invoices. Despite the initial classification under Tariff heading 8302, the goods were later correctly classified under Chapter heading 7415. Given this correction and the accurate description provided by the respondent, the tribunal concluded that there was no misclassification. Consequently, the tribunal upheld the decision of the Commissioner (Appeals), dismissing the Revenue's appeal and ruling against the imposition of redemption fine and penalty.