2007 (9) TMI 143 - AT - Customs

Import of Palmolien Taxable event occurs when the B/E has been filed On date of filing Bill of Entry, goods had been transferred to shore tank from the board of ship Hence as per sample taken from shore tank goods are classifiable under SH 15119090

Summary

Issues:
Classification of imported goods as edible or non-edible grade under customs tariff act, Determination of taxable event for imported goods based on entry into territorial waters of India, Interpretation of Supreme Court judgments regarding classification and taxable event for imported goods.

Analysis:

1. The issue in this case revolves around the classification of imported goods as edible or non-edible grade under the customs tariff act. The Revenue challenged the order of the Commissioner (Appeals) which classified the goods covered under a specific bill of entry as palmolein of edible grade. The respondent importer argued that the imported oils were fit for human consumption after processing and should be considered as vegetable oils of edible grade, eligible for duty exemption. Reference was made to a Supreme Court judgment emphasizing the consideration of average samples for classification.

2. The Deputy Commissioner based the classification on the provisions of the Prevention of Food Adulteration (PFA) Act and the specifications for edible grade palmolein. It was determined that the cargo in two specific tanks did not meet the criteria for edible grade due to acid value exceeding the prescribed limit. The mixing of cargo from ship tanks to shore tanks was highlighted as a factor affecting the representativeness of samples drawn for classification.

3. The Appellate Commissioner considered the co-mingling of goods in ship and shore tanks, emphasizing that the bill of entry was filed for clearance from the shore tank, not the ship tank. Chemical examination reports indicated that the average acid value of the co-mingled quantities was within the acceptable range for edible grade palmolein. Thus, the Commissioner (Appeals) set aside the original order and classified the goods as palmolein of edible grade.

4. The issue of determining the taxable event for imported goods based on entry into territorial waters of India was raised by the Revenue's authorized representative. Reference was made to Section 15 of the Customs Act and Supreme Court judgments regarding the timing of importation for classification purposes. The representative argued that the date of filing bills of entry should not be the sole determinant for classification, suggesting that entry into territorial waters should be considered the taxable event.

5. The Tribunal analyzed the Supreme Court's interpretation of the term "imported" in Section 12 of the Customs Act, emphasizing that importation commences when goods cross into territorial waters but is completed upon reaching Customs barriers and filing a bill of entry. In this case, the bill of entry was filed after the goods were brought to shore tanks, and the classification was based on the date of the bill of entry. As the goods met the criteria for edible grade palmolein, the appeal was dismissed, upholding the classification made by the Commissioner (Appeals).