2005 (3) TMI 193 - AT - Customs

Summary

Issues:
1. Enhancement of value and confiscation of old and used photocopiers for lack of valid license.
2. Imposition of fines and penalties on the appellants.
3. Determination of goods as consumer goods requiring a license for clearance.
4. Reduction of fines and penalties based on past Tribunal decisions.

Analysis:
1. The Appellate Tribunal noted that the assessable value of old and used photocopiers imported by the appellants was enhanced, leading to confiscation due to the absence of a valid license for clearance. The Chartered Engineer's certificate was used to enhance the value, but crucial details like the year of manufacture were missing. The Tribunal referred to previous decisions, such as S & S International v. CCE and Competent Business Machines v. CC, to emphasize the importance of contemporaneous imports in accepting transaction value. Consequently, the Tribunal set aside the loading of value.

2. Regarding the fines and penalties imposed, the Tribunal considered the nature of second-hand photocopiers as consumer goods based on DGFT Policy Circular No. 20. However, acknowledging past precedents that classified such goods as capital goods not requiring a license, the Tribunal reduced the fines and penalties. The fines and penalties were adjusted for each appellant, reflecting a decrease in the amounts initially imposed.

3. The Tribunal partially allowed the appeals, recognizing the need to balance the classification of goods as consumer or capital goods and the corresponding implications on fines and penalties. By considering past decisions and policy circulars, the Tribunal aimed to ensure a fair and consistent application of regulations in similar cases. The reduction in fines and penalties reflected a nuanced approach to addressing the specific circumstances of the appellants while upholding legal principles and precedents.