1988 (7) TMI 306 - AT - Customs

Summary

Issues:
- Interpretation of canalised items under Policy AM-83
- Confiscation and redemption of goods by Customs authorities
- Imposition of additional customs duty (CVD)
- Clarification by State Trading Corporation on canalisation status
- Requirement of drug license for manufacturing in India
- Conduct of Customs in clearing similar imports without objection

Interpretation of Canalised Items under Policy AM-83:
The appeal involved a dispute regarding the classification of imported goods as canalised items under Policy AM-83. The Customs objected to the clearance of 12 drums of vitamins imported by the appellants, citing that only the canalising agency was eligible to import such goods. The authorities relied on Appendix 9 of the policy to classify the items as canalised, despite the appellants arguing that the goods were not drugs but substances containing drugs. The judges analyzed the specific entries in Appendix 9 and concluded that the goods did not qualify as drugs as per the policy's definition of canalised items.

Confiscation and Redemption of Goods by Customs Authorities:
The Asstt. Collector of Customs had initially ordered the confiscation of the imported goods but allowed redemption upon payment of a fine of Rs. 36,000. The Collector (Appeals) upheld this decision, leading to the appellants filing the current appeal. The judges reviewed the confiscation order and determined that the goods did not meet the criteria for canalised items under Policy AM-83, thereby setting aside the confiscation and fine imposed by the authorities.

Imposition of Additional Customs Duty (CVD):
One of the key arguments presented by the appellants was the imposition of additional customs duty (CVD) by the Customs authorities, indicating that the imported goods were not classified as drugs. The judges noted that drugs were exempted from CVD as per Notification No. 234/82-C.E., further supporting the appellants' claim that the goods were not drugs. This discrepancy in the imposition of CVD played a crucial role in the decision to overturn the lower authorities' orders.

Clarification by State Trading Corporation on Canalisation Status:
The State Trading Corporation (STC) had issued a clarification stating that they were not importing the specific goods in question as they were de-canalised items. Although the appellants did not provide a copy of the letter seeking clarification from STC, the judges considered this clarification along with the absence of objections from Customs in clearing similar imports. This lack of objection and the STC's clarification supported the appellants' argument that the goods were not canalised during the relevant policy period.

Requirement of Drug License for Manufacturing in India:
The appellants highlighted that no drug license was required for manufacturing the imported goods in India, suggesting that the goods were not drugs. This argument, coupled with the Customs' conduct in clearing similar imports without objection, further strengthened the appellants' position that the goods were not canalised items under Policy AM-83.

Conduct of Customs in Clearing Similar Imports without Objection:
The judges considered the consistent conduct of the Customs authorities in clearing identical goods imported by others without raising any objections. This pattern of clearance without objection supported the appellants' contention that the goods were not canalised items as claimed by the authorities. The judges ultimately allowed the appeal, setting aside the confiscation and fine imposed by the Customs authorities and granting consequential relief to the appellants.