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2018 (7) TMI 1803 - AT - CustomsImport of electrical tricycle without battery in CKD condition along with spare parts - it was alleged that new vehicle imported is not meeting the requirement of Centre Motor Vehicle Rules (CMVR), 1989 - Type approval certificate not produced - whether the impugned goods under consideration were imported in violation of policy? - Held that - When the Appellants intended to import motor vehicle , the requirement of Motor Vehicle Rules are to be complied. The Policy stipulations clearly make out that various conditions including Type Approval Certificate by the competent authority is a mandatory requirement for any vehicle imported into India - the present vehicle (in CKD condition) was imported having electric capacity of more than 250 watt which as per mandatory requirement is to be registered with the Motor Vehicle Authority - Thus, the imported goods are in violation of Import Policy Notes, applicable during the relevant time. Penalty - Held that - The penalty reduced from ₹ 5,00,000/- to ₹ 1,00,000/-. Appeal allowed in part.
Issues:
Classification of imported goods under Customs Tariff Act, 1975 Violation of Import Export Policy and Centre Motor Vehicle Rules Confiscation of imported goods and imposition of penalty Reduction of penalty amount Classification of imported goods under Customs Tariff Act, 1975: The Appellants imported electrical tricycles without batteries in CKD condition along with spare parts and claimed classification under CTH No. 87039010 of the Customs Tariff Act, 1975. The assessing authority held that the goods cannot be cleared due to violation of Import Export Policy and Centre Motor Vehicle Rules. The Appellants argued that the goods were declared as motor vehicles for customs purposes as they could be assembled in India to form functional vehicles. However, the Revenue contended that the imported vehicles were considered new vehicles under customs classification rules, and the requirement of registering with the competent Motor Vehicle Authority under CMVR was not fulfilled. The Tribunal noted that the imported goods were to be used as motor vehicles in India and were subject to Motor Vehicle Rules, including the mandatory requirement of a Type Approval Certificate. Violation of Import Export Policy and Centre Motor Vehicle Rules: The dispute centered around whether the imported goods were in violation of the Import Policy Notes applicable at the relevant time. The Tribunal analyzed the provisions of the licensing Notes under Chapter 87, which defined new imported vehicles as those not manufactured or assembled in India. The Appellants argued that the goods, in CKD condition, were to be assembled in India and thus not new vehicles. However, the Tribunal held that the narrow view presented by the Appellants did not consider the licensing conditions adequately. It was established that the imported goods, intended to be assembled into motor vehicles in India, needed to comply with Motor Vehicle Rules, including obtaining a Type Approval Certificate. Confiscation of imported goods and imposition of penalty: The original authority had ordered the confiscation of the imported goods under section 111(d) of the Customs Act, 1962, and imposed a penalty of ?5 lakh on the Appellants under Section 112(a) of the Customs Act, 1962. The Tribunal upheld this order, finding that the imported goods were indeed in violation of Import Policy Notes and CMVR. However, considering the plea for reduction of penalty due to complete confiscation of goods, the Tribunal reduced the penalty amount from ?5,00,000 to ?1,00,000. Except for this modification, the impugned order was upheld. In conclusion, the Tribunal partly allowed the appeal filed by the Appellants, reducing the penalty amount but upholding the decision regarding the violation of Import Policy Notes and Centre Motor Vehicle Rules in the classification and importation of the goods.
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