1986 (6) TMI 208 - AT - Customs

Summary

Issues Involved:
1. Jurisdiction of the Collector of Customs to recall or revise the previous order permitting clearance of imported goods.
2. Alleged misdeclaration of imported goods as PVC sheets and Artificial Fur Cloth.
3. Competency of the Adjudicating Authority to revise the order clearing the goods from Customs.
4. Validity of the import licenses for the imported goods.

Detailed Analysis:

1. Jurisdiction of the Collector of Customs to Recall or Revise the Previous Order Permitting Clearance of Imported Goods:
The appellants contended that the adjudication proceedings initiated by the Collector of Customs were illegal and without jurisdiction. They argued that the goods were cleared by the Customs after the duty was paid and import licenses were accepted under Section 47 of the Customs Act. This clearance amounts to an adjudication order, which the Collector of Customs cannot recall or revise. The Collector should have used the revisional powers under Section 129D of the Customs Act if there was an issue with the clearance. The Tribunal agreed with this contention, citing various precedents, including Jain Shudh Vanaspati Ltd. v. Union of India, Industrial Cables v. Union of India, Ajay Exports v. Collector, Parkar Leather Export Co. v. Collector, and Union of India v. Popular Dyechem. These cases established that an order passed under Section 47 of the Customs Act attaches finality and can only be disturbed in cases of fraud or deliberate suppression, which was not alleged in this case.

2. Alleged Misdeclaration of Imported Goods as PVC Sheets and Artificial Fur Cloth:
The appellants argued that there was no misdeclaration as Vinyl Wall Coverings are PVC sheets, containing over 59% PVC, and Acrylic Fur Cloth has the characteristics of fur cloth and is made of acrylic, a synthetic fiber. They contended that the goods should be classified based on the material that gives them their essential character, as per Rule 3(b) of the Rules of Interpretation of the Customs Tariff. The Tribunal found merit in this argument, noting that the appellants had previously imported similar goods, which were classified as PVC sheets by the Bombay Customs. The Collector of Customs failed to verify this contention with reference to earlier records and instead relied on the omission of the appellants to mention this in their statements. The Tribunal held that the approach of the Collector was illegal and against the principles of evidence appreciation.

3. Competency of the Adjudicating Authority to Revise the Order Clearing the Goods from Customs:
The Adjudicating Authority held that the argument regarding the competency to revise the order was not supported by the provisions of the Customs Act. However, the Tribunal disagreed, stating that the proper course would have been for the Collector of Customs to exercise jurisdiction under Section 129D of the Customs Act and direct his subordinate authority to file an appeal before the Collector (Appeals). The failure to follow this procedure rendered the impugned order without jurisdiction.

4. Validity of the Import Licenses for the Imported Goods:
The appellants argued that they had imported Vinyl Wall Coverings and Acrylic Fur Cloth based on the classification and advice from the Bombay Customs, which had previously treated similar goods as PVC sheets. They contended that the import licenses for PVC sheets and Artificial Fur Cloth were valid for the imported goods. The Tribunal found that the appellants had paid higher duty applicable to PVC sheets, and the Bombay Customs had a longstanding practice of treating such imports as valid. The Tribunal held that the confiscation of the seized goods and the imposition of penalties were not justified, as the imports were in line with the established practice and the goods were correctly declared.

Conclusion:
The Tribunal allowed the appeals, set aside the impugned order, and provided consequential relief to the appellants. The judgment emphasized the finality of orders passed under Section 47 of the Customs Act, the necessity of following proper procedures for revision, and the importance of consistent classification practices by Customs authorities.