2016 (9) TMI 622 - HC - Customs

Detention of goods - Heavy Melting Scrap - Re Rollable Steel Scrap - inspection by chartered engineer - the goods fall in the category of Seconds & Defective CRGO Silicon Steel Strips in Slit Coil Form and Seconds and Defective Cold Rolled Grain Oriented Steel Sheets/ Strips cut to different shapes and sizes - are all goods capable of being re-used? - Held that - To take care of the apprehension expressed by the Department that the material can be re-used, the petitioner had offered its mutilation at his own cost before it is released. Even part of scrap also can be used as such or with some modification. The petitioner should be permitted to do that - the goods released on provisional basis. The Department shall be at liberty to issue show cause notice to the petitioner for any alleged violation of the provisions of the Customs Act. The petitioner will pay the duty on the material imported as scrap and further furnish surety and undertaking to pay the duty, penalty and interest, if any, as may be leviable on such goods, if these are found to be other than scraps - petition disposed off - decided partly in favor of petitioner.

Summary

Issues involved:
Challenge to detention of imported goods categorized as scrap, mis-declaration, valuation of goods, provisional release of goods, duty payment, issuance of show cause notice.

Analysis:
The petitioner challenged the detention of goods imported as Heavy Melting Scrap and Re Rollable Steel Scrap, which were inspected by a Chartered Engineer. The Engineer's opinion categorized the goods as Seconds & Defective CRGO Silicon Steel Strips and Cold Rolled Grain Oriented Steel Sheets/ Strips. The petitioner argued that the goods were scraps meant for steel furnaces and offered to mutilate them at his cost for re-use only for melting purposes. Reference was made to a previous court order in a similar case. On the other hand, respondents contended that some goods appeared fresh and serviceable for various applications after cutting/punching. They highlighted mis-declaration, undervaluation, and awaited a laboratory report. The court considered both sides' arguments and examined the report.

The Chartered Engineer's report stated that the imported goods were New Cold Rolled Grain Oriented Steel Strips and Cold Rolled Grain Oriented Steel Sheets/ Strips of varying dimensions. The Engineer opined that the material was serviceable and could be used for multiple applications after cutting/punching. The goods were categorized as Seconds & Defective material. The petitioner and respondents disagreed on whether the material was scrap or usable as is. The court acknowledged the potential reusability of the material after modification and allowed the petitioner to mutilate the goods at his expense before provisional release. The Department could issue a show cause notice for any Customs Act violations. The petitioner was directed to pay duty on the imported material as scrap and provide surety for any additional levies if the goods were deemed non-scraps.

In conclusion, the court disposed of the case by permitting the petitioner to mutilate the goods for reusability, subject to duty payment and provision of surety for potential additional charges if the goods were not considered scraps.