2005 (6) TMI 84 - AT - Customs

Summary

Issues:
1. Rectification of mistake in dismissing appeal by Tribunal.
2. Classification of goods under Heading 9017.30.
3. Time bar for demand of Rs. 12,01,228.
4. Allegations of suppression of facts by the importer.
5. Assessment and examination of goods by Customs Officers.

Issue 1: Rectification of mistake in dismissing appeal by Tribunal
The Revenue filed appeals against an order passed by the Commissioner of Customs, which were dismissed by the Tribunal. Subsequently, the Revenue filed an application for rectification of the order, which was also rejected. The High Court held that there was a mistake in dismissing the appeal based on the settlement under KVSS. The High Court directed that the Tribunal's order be vacated, and the appeal of the Revenue be restored for final disposal.

Issue 2: Classification of goods under Heading 9017.30
The Revenue challenged the dropping of a demand of Rs. 12,01,228 by the Commissioner on the grounds of time bar and suppression of facts by the importer. The Revenue argued that the goods were wrongly classified as universal measuring instruments instead of under Heading 9017.30, as per the Explanatory Notes to HSN. The Tribunal found that there was a mistake on the part of the Customs Officers in the assessment of the goods, and the importer cannot be held liable for suppression of facts.

Issue 3: Time bar for demand of Rs. 12,01,228
The Commissioner had dropped the demand of Rs. 12,01,228 on the grounds of time bar, invoking the proviso to Section 28. However, the Tribunal found that there was no evidence of collusion or willful misstatement by the importers to evade duty. The extended period of five years for recovery of dues was held to be inapplicable.

Issue 4: Allegations of suppression of facts by the importer
The Revenue alleged suppression of facts by the importer in declaring the goods as universal measuring instruments/digimatic electronic instruments instead of micrometers. However, the Tribunal found that the Customs Officers had assessed the goods themselves and found no evidence of collusion or deliberate withholding of information by the importers.

Issue 5: Assessment and examination of goods by Customs Officers
The Customs Officers assessed and examined the goods, finding them to be as per the description in the invoice. Any mistakes in the assessment were attributed to the Customs Officers, and not to the importer. The Tribunal upheld the Commissioner's decision in dropping the demand for imports made under the disputed Bill of Entry.

In conclusion, the Tribunal rejected the appeal of the Revenue, upholding the Commissioner's decision regarding the classification of goods and the dropping of the demand, based on the assessment and examination conducted by the Customs Officers.