1988 (11) TMI 178 - AT - Customs

Summary

Issues:
1. Interpretation of the validity of the import licence covering plastic moulded components for cassette tapes.
2. Assessment of the correct value of the imported goods.

Analysis:
1. Validity of Import Licence:
The case involved the appellants importing plastic moulded components for cassette tapes under a specific licence. The Customs Department contended that the licence did not cover the imported goods and initiated proceedings. The appellants argued that the licence specifically covered the goods as per the Import Policy Book AM 1982. The appellants emphasized that the licence referred to items for cassette manufacture, which matched the imported goods. The Customs, on the other hand, relied on the specific descriptions in Appendices 3 and 5 of the Policy Book. The Tribunal analyzed the descriptions and concluded that the licence did not cover the imported goods. The Tribunal also noted the leniency shown by the Collector in allowing 10% of the value for the goods.

2. Assessment of Value:
Regarding the valuation of the imported goods, the appellants contested the increase in value imposed by the Collector. The appellants claimed that their goods were cheaper due to being made of SAN material, but the Collector dismissed this claim as unsubstantiated. The Tribunal observed that the Collector did not provide a detailed comparison of the goods' quality, origin, or variety. As a result, the Tribunal ruled in favor of the appellants, stating that in the absence of evidence supporting the value enhancement, the invoice value should be accepted. The Tribunal also noted that the confiscation of goods was under a specific section of the Customs Act, indicating that it was not due to under-valuation, and decided not to interfere with the imposed fine.

In conclusion, the Tribunal partially allowed the appeal concerning the valuation of the imported goods but rejected the appeal regarding the validity of the import licence.