1985 (4) TMI 179 - AT - Customs

Summary

Issues:
1. Interpretation of import control policy for Viscose Staple Fibre.
2. Decision on the entitlement to import raw materials for hosiery goods manufacturing.
3. Disagreement on the constitution of the Bench for hearing the appeal.
4. Application of Section 129C(5) of the Customs Act, 1962.
5. Jurisdiction and composition of different types of Tribunal Benches.
6. President's authority in referring cases and constituting Benches.

Analysis:

1. The case involved the import of Viscose Staple Fibre for manufacturing hosiery goods, where the appellants claimed clearance under a specific item of the Import Control Policy. The Customs authorities contended that the staple fibre was raw material for yarn, not hosiery goods, leading to confiscation of goods.

2. The appeal process began with the Central Board of Excise and Customs, which upheld the decision. Subsequently, the appellants approached the West Regional Bench of the Tribunal, where a disagreement arose regarding the interpretation of a previous case involving similar issues.

3. The disagreement prompted the matter to be referred to a larger Bench by the Hon'ble President, leading to the formation of Special Bench 'C' for hearing the appeal. However, a preliminary objection was raised regarding the competence of the Special Bench to rehear the appeal.

4. The Departmental Representative cited Section 129C(5) of the Customs Act, 1962, emphasizing the need for a reference to the President if the Bench members differ in opinion. The objection was based on the procedural requirements outlined in the Act.

5. The subsequent order by Member (T) highlighted the statutory demarcation of Tribunal Benches and the limitations on the President's authority in constituting Benches. The judgment emphasized the need for adherence to the Act's provisions in forming and transferring appeals between different types of Benches.

6. The Editor's Comments further clarified the jurisdictional aspects of the Tribunal Benches and the recent amendment allowing Special Benches to consist of two or more members. It stressed the importance of following statutory provisions and the hierarchy of decision-making within the Tribunal.

In conclusion, the judgment addressed key issues related to import policy interpretation, procedural adherence, and Tribunal Bench composition, emphasizing the significance of statutory provisions and proper application of the Customs Act, 1962.