2001 (6) TMI 129 - AT - Customs

Summary

Issues Involved:
1. Mis-declaration of quantities required for manufacture.
2. Eligibility for exemption on lignine sulphonate.
3. Authority of customs to question licensing decisions.

Summary:

1. Mis-declaration of Quantities Required for Manufacture:
The Commissioner alleged that the appellant mis-declared the quantities of materials required for manufacturing export products, leading to excess imports and evasion of customs duty. The Tribunal held that the customs authorities cannot question the basis upon which the licence is issued by the licensing committees. The customs authorities must abide by the terms of the licence, as established in the landmark judgment of Lokash Chemical Works v. M.S. Mehta. The Tribunal set aside the demand and penalties related to this charge, emphasizing that any misrepresentation should be addressed by the licensing authority, not the customs authorities.

2. Eligibility for Exemption on Lignine Sulphonate:
The Commissioner denied the exemption for lignine sulphonate, stating it was not used in the manufacture of reactive dyes. The Tribunal noted that lignine sulphonate is commercially known to be used in the manufacture of dyestuffs, as indicated in The Condensed Chemical Dictionary. The Tribunal found that the Commissioner's own reasoning supports that materials commercially usable in the manufacture of the exported product are eligible for exemption. The Tribunal allowed the appeals related to this issue and remanded the matter to the Commissioner for reconsideration, giving the appellant an opportunity to substantiate its contention with standard technical literature.

3. Authority of Customs to Question Licensing Decisions:
The Tribunal reiterated that customs authorities do not have the right to overrule the decisions of the licensing authorities. The customs authorities' role is limited to assessing the duty after the goods are imported, and they must enforce the terms of a valid licence without interpreting the licensing policy. This principle was upheld in the Lokash Chemical Works judgment and subsequent Tribunal decisions.

Conclusion:
The Tribunal set aside the demands and penalties related to the mis-declaration of quantities and remanded the issue of lignine sulphonate's eligibility for exemption to the Commissioner for fresh adjudication. All appeals were accordingly disposed of.