1988 (2) TMI 265 - AT - Customs

Import licence for spares for agricultural machinery not valid for import of tractor parts

Issues Involved:
1. Validity of the Import Licence.
2. Classification of tractor parts as agricultural machinery.
3. Alternative plea regarding trawler parts.
4. Leniency plea regarding penalties and fines.
5. Valuation of the imported goods.

Issue-wise Detailed Analysis:

1. Validity of the Import Licence:
The appellants imported tractor parts and sought clearance under an Import Licence for "spares for agricultural machinery." The Additional Collector held that the goods were not covered by the licence description because agricultural machinery and tractors had separate classifications in the Import Trade Control Schedule. Consequently, the Import Licence was deemed invalid, leading to the confiscation of goods under Section 111(d) of the Customs Act, 1962, and a penalty under Section 112 of the same Act. The tribunal upheld this view, noting that the specific entry for tractors in Chapter 87 must prevail over the general entry for agricultural machinery in Chapter 84. The tribunal concluded that the licence produced was not valid to cover the spare parts of tractors.

2. Classification of Tractor Parts as Agricultural Machinery:
The appellants relied on a Gujarat High Court judgment, which classified a farm tractor as "agricultural machinery" under the Bombay Sales Tax Act. However, the tribunal found this case distinguishable, as the Import Trade Control Schedule had specific entries for tractors, including agricultural tractors, separate from agricultural machinery. The tribunal emphasized that the specific entry for tractors must prevail over the general entry for agricultural machinery, thus rejecting the appellants' argument.

3. Alternative Plea Regarding Trawler Parts:
The appellants argued that the piston rings and crankshaft assembly were parts of trawlers and thus covered by an Open General Licence. However, the tribunal found no substance in this plea. It noted that the power output of trawler engines was significantly higher than that of agricultural tractors, making it implausible for tractor engine parts to be considered trawler engine parts.

4. Leniency Plea Regarding Penalties and Fines:
The appellants requested leniency, stating that they had previously imported similar goods against the same licence without objections. The tribunal found that while the appellants had committed similar offenses before, the Additional Collector had not provided particulars of these offenses. Considering the circumstances, the tribunal agreed that some leniency was warranted. Consequently, it set aside the penalty in full and reduced the redemption fine from Rs. 2 lakhs to Rs. 1 lakh.

5. Valuation of the Imported Goods:
The Additional Collector had enhanced the declared value of the goods based on comparable invoices from earlier years. The tribunal found that the department's case for the value of the crankshaft assembly was not established due to the significant time gap between the compared invoices and the appellants' contracting period. It ordered the assessment of the crankshaft assembly at the declared invoice rate. For piston rings, the tribunal corrected the assessed price, noting that the department's representative conceded the price was for a set of three rings. For bush B 3530 H, the tribunal found no evidence of comparable value and accepted the declared invoice rate. For other bushes, the tribunal upheld the assessed prices, noting that the appellants failed to provide contemporaneous invoices or manufacturer price lists to support their declared values. The tribunal rejected the appellants' argument that the goods were purchased from a stock lot at lower prices, citing a Bombay High Court judgment that such prices could not represent the normal price in international trade.

Summary of Orders:
1. The penalty of Rs. 50,000/- was set aside in full.
2. The redemption fine was reduced from Rs. 2 lakhs to Rs. 1 lakh.
3. Declared prices for the crankshaft assembly and bush B 3530 H were accepted.
4. The assessed price of 1.71 pounds for a set of three piston rings was accepted.
5. Assessed prices for other four varieties of bushes were accepted.

The appeal was partly allowed in the above terms and otherwise rejected.

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