1987 (9) TMI 157 - AT - Customs

Issues Involved:

1. Classification of imported goods as spare parts of earth moving machinery.
2. Eligibility of the appellants to import under Item 4 of Appendix 10 of the Import Policy 1978-79.
3. Confiscation of goods and imposition of penalty.
4. Quantum of redemption fine.

Issue-wise Detailed Analysis:

1. Classification of Imported Goods as Spare Parts of Earth Moving Machinery:

The appellants imported six cases of spare parts for MAN Trucks Tractors, claiming clearance under the Open General Licence (OGL), Appendix 10, Serial No. 4 of the ITC Policy 1978-79, asserting these were spare parts for earth moving machinery. The Collector of Customs concluded that MAN Trucks were not earth moving machinery without providing detailed reasoning. The Central Board of Excise & Customs upheld this view, stating no evidence was presented to counter the Collector's findings. The Tribunal noted that the issue of classification was not adequately examined by the lower authorities and thus remanded the matter for a de novo decision on the correct classification of the goods, emphasizing the need for speaking orders that address the appellants' arguments comprehensively.

2. Eligibility of the Appellants to Import Under Item 4 of Appendix 10 of the Import Policy 1978-79:

The Collector of Customs pointed out that the import under Item 4 of Appendix 10 was permissible only for actual users (industrial and non-industrial), and the appellants, acting as agents for the International Airports Authority of India (IAAI), did not qualify as actual users. The Central Board of Excise & Customs upheld this finding. The Tribunal observed that the appellants did not seriously dispute this point, acknowledging that the appellants were not the actual non-industrial users and that the goods were imported on behalf of IAAI. The Tribunal confirmed the findings of the Collector and the Central Board on this issue.

3. Confiscation of Goods and Imposition of Penalty:

The Collector ordered the confiscation of the goods under Section 111(d) of the Customs Act, read with Section 3 of the Imports and Exports (Control) Act 1947, allowing redemption on payment of a fine of Rs. 1,36,000/-. The Central Board reduced the fine to Rs. 60,000/-. The Tribunal noted that the confiscation was based on three grounds: (1) the imported spares were not for earth moving machinery, (2) the import was not permissible for agents, and (3) part of the goods were banned items. The Tribunal confirmed the confiscation based on the second and third grounds, as these findings were not seriously contested by the appellants.

4. Quantum of Redemption Fine:

While confirming the confiscation, the Tribunal took note of the appellants' submission that the goods were imported for IAAI and that IAAI had certified the receipt of all goods. Considering these circumstances, the Tribunal decided to reduce the redemption fine further to Rs. 10,000/-, acknowledging that the goods were imported on behalf of a non-industrial actual user and taking into account the past leniency shown by the Customs in similar cases.

Conclusion:

The Tribunal allowed the appeal by remanding the matter for a de novo decision on the classification of the goods. However, it confirmed the confiscation of the goods based on the appellants' ineligibility to import as agents and the presence of banned items. The redemption fine was reduced to Rs. 10,000/-.

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