2018 (5) TMI 1717 - AT - Customs

Re-classification of products - no SCN issued - duty was charged at transaction value - Assessment of Bill of Entries - differential duty demand - import of goods - Crude Palm Olein or not Palm Oil - Held that - Revenue authorities are seeking to re-classify the products which could not be done so without issuance the Show Cause Notice, is correctly recorded by the first appellate authority - the impugned order is correct and legal and does not require any interference - appeal dismissed - decided against Revenue.

Summary

Issues involved: Assessment of Bill of Entries, Differential duty confirmation, Classification of goods, CBEC circulars interpretation, Applicability of Notification, Remission of duty eligibility.

Assessment of Bill of Entries: The appeal was filed by the revenue against an Order-in-Appeal confirming a differential duty of 3,39,375/- against the respondent. The first appellate authority set aside the demand of differential duty after agreeing with the contentions raised by the respondent. The Departmental representative argued that the goods imported were Crude Palm Olein and not Palm Oil as held by the Adjudicating Authority. The assessment was done based on the transaction value declared by the importer, leading to a provisional clearance. The first appellate authority passed a detailed order highlighting that the final assessment lacked the necessary reasons for re-classifying the goods, as per CBEC circulars. The authority also emphasized the importance of furnishing cogent reasons for re-classification in a speaking order.

CBEC Circulars Interpretation: The first appellate authority examined CBEC circulars 85/2003 and 6/2006, emphasizing the need for a speaking order with cogent reasons for re-classifying goods. The circular 6/2006 dated 12.01.2006 was analyzed to determine the applicability of customs duty at a specific rate. The authority concluded that the payment of duty on Crude Palm Oil was effectively levied at a specific rate based on tariff values fixed by the Board, irrespective of the transaction value. The reliance placed on the circular by the Assistant Commissioner was deemed irrelevant to the case, as the system of assessment was specific and not ad valorem.

Remission of Duty Eligibility: The first appellate authority invoked Section 23 of the Customs Act, 1962, to determine the importer's eligibility for remission of duty concerning the shortfall in the receipt of oil. The authority found that the importer was entitled to remission as the title to the goods had been relinquished, and there was no dispute regarding the shortfall. The authority criticized the Assistant Commissioner's practice of considering the total value of Crude Palm Oil for calculating the duty payable, stating that it lacked legal sanction.

Conclusion: The Tribunal upheld the impugned order, stating that the first appellate authority correctly applied the law and considered the issue holistically. The grounds of appeal seeking re-classification without issuing a Show Cause Notice were deemed inappropriate. The appeal of the revenue was rejected, and the cross objection by the respondent supporting the Order-in-Appeal was also disposed of.