1989 (7) TMI 252 - AT - Customs

Summary

Issues Involved:
1. Jurisdiction of the Collector of Customs in readjudicating the case.
2. Suitability of the imported material for making shirts.
3. Legality of the conditions imposed for warehousing and manufacturing under bond.
4. Validity of confiscation and penalty imposed based on the suitability of the imported material.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Collector of Customs in readjudicating the case:
The appellants contended that the readjudication was ordered by the Tribunal (WRB) to be done by the Additional Collector of Customs, not the Collector. The Tribunal observed that the direction for readjudication had been made specifically to the Additional Collector of Customs who had originally adjudicated the case. The Tribunal found no reason for the Collector of Customs to take upon himself the task of readjudicating the case in the face of the specific directions of the Tribunal's order.

2. Suitability of the imported material for making shirts:
The appellants argued that the material was suitable for making safari shirts, as evidenced by a sample shown to the original adjudicating authority. The Tribunal noted that the original adjudicating authority was satisfied that shirts could be stitched from the imported cloth. The Tribunal also examined the sample of the material and concluded that shirts could be conveniently made from it. The Tribunal criticized the Collector of Customs for acting on his own personal opinion without any expert evidence, stating that confiscating the goods and imposing heavy penalties based on such personal opinion was highly undesirable.

3. Legality of the conditions imposed for warehousing and manufacturing under bond:
The Tribunal's previous order had clearly stated that the conditions imposed by the original adjudicating authority for warehousing the goods and manufacturing under bond were bad in law. The Tribunal reiterated that the Collector of Customs had no jurisdiction to attach such conditions, as the goods imported under the advance licence and duty exemption scheme were not dutiable. The Tribunal found that the Collector of Customs had drawn unwarranted inferences from the appellants' inability to comply with the conditions, which were themselves illegal.

4. Validity of confiscation and penalty imposed based on the suitability of the imported material:
The Tribunal found that confiscation of the goods could not be carried out in anticipation of a breach of the licence. The Tribunal observed that the Collector of Customs had misdirected himself by inferring that the goods were suiting and not shirting based on markings on the fabric. The Tribunal clarified that the term "shirt" is characterized by the design of the garment, not the type of fabric. The Tribunal accepted the appellants' request to keep a sample of the cloth and compare it with the shirts at the time of export, deeming it a reasonable request.

Conclusion:
The Tribunal set aside the impugned order, allowed the goods to be released forthwith, and also set aside the penalty imposed on the appellants. The appeal was disposed of in these terms.