1986 (10) TMI 197 - AT - Customs

Summary

Issues Involved:
1. Misdeclaration of imported goods as brass dross instead of brass metal.
2. Classification and valuation of the imported goods.
3. Confiscation and penalties imposed.

Issue-wise Detailed Analysis:

1. Misdeclaration of Imported Goods:

The appellant imported four containers containing brass dross, supplied by M/s Saru (Asia) Co. (PTE) Ltd., Singapore. The copper content declared in the invoices was 52 to 55%. Upon inspection and testing, it was found that the goods were not brass dross but brass metal in crucible-like shapes. The Additional Collector of Customs held that the goods were not brass dross but brass, and thus, misdeclared. The goods were liable to confiscation under Sections 111(m), 111(f), and 111(d) of the Customs Act, 1962.

2. Classification and Valuation:

The appellant argued that the imported goods were brass dross, which falls under OGL Appx 6 Sr. No. 2 List 8 Part III of AM 85 Policy. The revenue authorities, however, classified the goods as brass metal, which requires a valid import license under Sr. No. 442 Appx. 4 Part A of AM 85 Policy. The classification impacts the rate of import duty, with brass dross attracting a duty of 40% + 30% and brass metal attracting 75% + 40% + CVD @ Rs. 3300/- PMT. The adjudicating authority increased the valuation from US Cent 45/lb CIF Bombay to US Cent 60/lb CIF Bombay without providing a basis for this increase. The appellant contended the valuation was arbitrary and unsupported by evidence. However, the Chemical Examination Reports indicated that the imported items were brass metal with copper content of 69.4% and 60.1%, confirming the revenue's classification.

3. Confiscation and Penalties:

The Additional Collector confiscated the goods but allowed clearance on payment of a fine in lieu of confiscation. A personal penalty of Rs. 1,00,000/- was imposed on M/s P.S. Metal Corporation. The appellant argued that the fine and penalties were excessive and should be reduced. The Tribunal found that the imported items were indeed brass metal, not brass dross, and upheld the classification and valuation by the revenue authorities. However, the Tribunal reduced the personal penalties to Rs. 25,000/- each and the fine in lieu of confiscation to Rs. 4,50,000/- each.

Conclusion:

The Tribunal confirmed the findings of the lower authorities regarding the classification and valuation of the imported goods as brass metal. The misdeclaration by the appellant led to the confiscation of the goods and imposition of penalties. The Tribunal reduced the personal penalties and fine in lieu of confiscation but otherwise rejected the appeal.