1983 (10) TMI 175 - AT - Customs

Summary

Issues:
- Interpretation of import restrictions on Thiamine Mononitrate under the Customs Act, 1962.
- Validity of the order of confiscation and fine imposed by the Collector of Customs.
- Consideration of technical definitions and pharmaceutical usage of Thiamine Mononitrate as Vitamin B1.
- Comparison with previous decisions and publications regarding Thiamine Mononitrate as Vitamin B1.
- Application of import regulations to an export house without a linked export license for Vitamin B1 tablets.

Analysis:
1. The case involved an appeal under Section 129A of the Customs Act, 1962 challenging the order of the Central Board of Excise and Customs confiscating a consignment of Thiamine Mononitrate imported by the appellant-firm. The Collector of Customs found that the license produced did not cover the importation of Thiamine Mononitrate, which was considered a Vitamin B1 and subject to specific import restrictions.

2. The appellant contended that Thiamine Mononitrate should not be classified as Vitamin B1 for import purposes based on technical definitions and previous clarifications. They argued that the substance was used as Vitamin B1 in pharmaceutical products sold to a recognized company, indicating its practical classification as Vitamin B1.

3. The Tribunal examined various technical sources and publications to determine the classification of Thiamine Mononitrate. While acknowledging the different forms of Thiamine available, the Tribunal concluded that Thiamine Mononitrate is indeed a form of Vitamin B1 based on its chemical composition and pharmaceutical usage.

4. Despite the appellant's reference to a previous order allowing clearance of Thiamine Mononitrate consignments, the Tribunal found that the specific circumstances and evidence presented in the current case supported the decision to dismiss the appeal. The importation of Thiamine Mononitrate by the export house without a linked export license for Vitamin B1 tablets was deemed impermissible under the import regulations.

5. In light of the above analysis, the Tribunal upheld the order of confiscation and fine imposed by the Collector of Customs, emphasizing that Thiamine Mononitrate is considered a Vitamin B1 for import purposes and must comply with the relevant regulations. The appeal was dismissed based on these findings.