2017 (9) TMI 401 - AT - Customs

Release of confiscated goods - import of old/reusable Tyres - whether the Commissioner (Appeals) is justified in the case of import of old/reusable Tyres, allowing the same to be released for home consumption, subject to payment of redemption fine and penalty? - Held that - the issue, herein have been decided in favor of the respondent-importer by decision of Hon ble Allahabad High Court in the case of M/s Jibran Overseas 2015 (11) TMI 1020 - CESTAT NEW DELHI , wherein a Division Bench of this Tribunal allowed clearance of imported used old tyres on payment of redemption fine and penalty - confiscated goods allowed to be released - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Whether Commissioner (Appeals) was justified in allowing import of old/reusable Tyres subject to payment of redemption fine and penalty?
2. Validity of reliance on previous Tribunal order for clearance of imported used old tyres.
3. Interpretation of Entry B3140 regarding import of waste pneumatic tyres.

Analysis:
1. The appeal filed by the revenue questioned the decision of the Commissioner (Appeals) regarding the import of old and used Tyres. The respondent importer sought clearance of the goods, claiming they were not hazardous waste and could be released for home consumption upon payment of redemption fine and penalty. The Tribunal upheld the decision, citing that the imported goods were reusable tyres falling within the exclusion clause of Entry B3140, thus not requiring permission from the Ministry of Environment and Forests.

2. The revenue contended that the Commissioner (Appeals) relied on a previous Tribunal order in a similar case involving M/s Jibran Overseas, which was under appeal before the Allahabad High Court. However, the High Court had already decided the matter, upholding the Tribunal's decision that the imported goods were not hazardous waste and did not require MOEF permission. The Tribunal found no impropriety in the decision and upheld the Order-in-Appeal, directing the release of the imported consignment.

3. The interpretation of Entry B3140 regarding waste pneumatic tyres was crucial in determining the legality of importing old and used tyres. The Tribunal referenced a judgment by the Gujarat High Court, which differentiated between waste pneumatic tyres and used pneumatic tyres fit for reuse. The Court held that the prohibition on importing waste pneumatic tyres, as per the Ministry of Environment and Forests, lacked enforceability in law, allowing for the clearance of goods under specific conditions ensuring reuse.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the decision to release the imported old and used Tyres for home consumption upon payment of redemption fine and penalty. The judgments by the Allahabad High Court and Gujarat High Court supported the legality of importing reusable tyres, emphasizing the distinction between waste tyres and those fit for reuse. The decision provided clarity on the interpretation of relevant regulations and highlighted the importance of considering the nature of imported goods before imposing restrictions.