1991 (3) TMI 235 - AT - Customs

Summary

Issues Involved:
1. Validity of Import Licence for Glyoxal Solution 40%.
2. Applicability of Customs Notification 224/85 for concessional duty.
3. Classification and assessment of Glyoxal Solution 40% under the Customs Tariff Schedule.
4. Confiscation and penal action under Section 111(d) and 111(m) and Section 112 of the Customs Act, 1962.

Summary:

1. Validity of Import Licence for Glyoxal Solution 40%:
The appellants imported nine consignments of Glyoxal Solution 40% and filed nine Bills of Entry on 23-12-1987, describing the goods as "Synthetic Organic Tanning Agents/Penetrators"� and produced Import Licence No. P/L/2955529, dated 6-5-1987. The Customs authorities found the licence valid for "Synthetic Organic Tanning Agents"� but not specifically for Glyoxal, which required a specific licence under Entry No. 202 of Appendix 3A of the Import Policy. The Additional Collector held that Glyoxal 40% was not a synthetic tanning agent/penetrator, thus invalidating the licence for clearance.

2. Applicability of Customs Notification 224/85 for Concessional Duty:
The appellants claimed the benefit of concessional duty u/s Customs Notification 224/85, which was denied by the Additional Collector on the grounds that Glyoxal was neither a penetrator nor intended for use in the leather industry, as the appellants were traders. The Tribunal noted that the notification did not impose any end-use condition and that the goods were eligible for the benefit if otherwise eligible. The evidence, including literature and expert opinions, supported the appellants' claim that Glyoxal could be used as a tanning agent/penetrator in the leather industry.

3. Classification and Assessment of Glyoxal Solution 40% under the Customs Tariff Schedule:
The Customs authorities assessed the goods under Heading 2912.49 at 70% adv. (basic duty) plus 45% adv. (auxiliary duty) plus 15% adv. (additional duty), considering them not eligible for concessional duty. The Tribunal found that the Chemical Examiner's report did not provide a clear basis for stating that Glyoxal was not a synthetic tanning agent/penetrator. The Tribunal relied on various pieces of evidence, including expert opinions and literature, to conclude that Glyoxal 40% could be used as a tanning agent/penetrator, thus eligible for concessional duty under Notification 224/85.

4. Confiscation and Penal Action under Section 111(d) and 111(m) and Section 112 of the Customs Act, 1962:
The Additional Collector confiscated the goods but allowed redemption for home consumption on payment of a fine of Rs. 5,70,000/-. No penalty was imposed due to the absence of mens rea and the appellants' reliance on the release of similar goods at other ports. The Tribunal set aside the confiscation order, allowing the appeal with consequential relief, as the evidence supported the appellants' claims regarding the nature and use of Glyoxal 40%.

Conclusion:
The Tribunal concluded that the imported Glyoxal 40% was eligible for duty exemption under Notification 224/85 and that the import licence produced was valid for the clearance of the goods. The appeal was allowed with consequential relief to the appellants.