2008 (4) TMI 89 - AT - Customs

Wrong claim of benefit of Not. 21/02 - Since Digital Blood Pressure Monitors (ophthalmic equipment) can not be considered Tonometer , hence they are not allowed for benefit of exemption notification 21/02 appellant not proved that impugned item falls under exemption notification 21/02, so confiscation on ground of misdeclaration of Digital Blood Pressure Monitors as Tonometer Digital Blood Pressure Monitor , is sustainable

Summary

Issues:
- Mis-declaration of imported goods as "Tonometer Digital Blood Pressure Monitor" to claim benefit of Notification No. 21/02.
- Interpretation of the term "Tonometer" under the relevant notification.
- Justification of confiscation of goods and imposition of penalties.

Analysis:
1. Mis-declaration of Goods:
The appellant imported Digital Blood Pressure Monitors but declared them as "Tonometer Digital Blood Pressure Monitor" to avail benefits under Notification No. 21/02. The Original Authority found the goods to be mis-declared, leading to confiscation and penalties. On appeal, the Commissioner (Appeals) upheld this decision. The appellant argued that the goods were correctly described to claim the benefit, emphasizing that Blood Pressure Monitors are covered under the term "Tonometer" as per leading dictionaries.

2. Interpretation of "Tonometer":
The Tribunal analyzed whether Blood Pressure Monitors can be considered as Tonometers under the relevant notification. The appellant contended that the term "Tonometer" includes instruments measuring various pressures, including blood pressure. However, the Tribunal noted that Tonometer typically refers to an instrument for measuring intraocular pressure, not blood pressure. The Tribunal highlighted the specific descriptions in the invoice and manufacturer's catalogue, which contradicted the appellant's claim. Despite dictionary definitions, the Tribunal emphasized common understanding and specific contexts in determining the term's meaning.

3. Confiscation and Penalties:
The Tribunal concluded that the mis-declaration justified confiscation of goods and imposition of penalties. While acknowledging the value of leniency due to the import value, the Tribunal reduced the penalty from Rs. 25,000 to Rs. 10,000 and the redemption fine from Rs. 1,00,000 to Rs. 25,000. The decision aimed to balance the severity of the violation with proportional penalties. Ultimately, the appeal was disposed of with the modified penalties and fine, affirming the denial of benefit under the notification.

In summary, the judgment focused on the accurate description of imported goods, the interpretation of terms under relevant notifications, and the justification for confiscation and penalties in cases of mis-declaration. The Tribunal's decision highlighted the importance of specific descriptions, common understanding, and proportional penalties in customs matters.