1994 (10) TMI 156 - AT - Customs

Summary

Issues:
1. Misdeclaration of goods under exemption notification No. 159/90.
2. Invocation of section 111(m) by the Collector of Customs.
3. Confiscation and penalty liability.
4. Interpretation of the exemption notification.
5. Duty liability under Notification No. 159/90.

Detailed Analysis:
1. The appeal involved a dispute concerning the importation of synthetic rubber under an advance license claiming the benefit of exemption Notification No. 159/90. The Collector invoked section 111(m) alleging a wrongful claim of exemption. The appellant contended that there was no misdeclaration as they correctly declared the goods as synthetic rubber, which was used in the manufacture of exported articles.

2. The Collector alleged that the appellant wrongly claimed the exemption notification knowingly, as the Butyl rubber imported was not used in the manufacture of the exported cycle tubes and tires. The appellant argued that their use of synthetic rubber, albeit not Butyl rubber, in the manufacture of airbags, which were essential for tire production, justified their claim under the exemption.

3. The Tribunal found that the mere mention of the exemption notification and claiming its benefit did not amount to misdeclaration under section 111(m). The appellant's assertion of using synthetic rubber in the exported articles was not contradicted or proven wrong. The absence of malafides and the differing interpretations between the parties did not establish misdeclaration.

4. Regarding duty liability, the Tribunal analyzed Notification No. 159/90, which exempts the import of materials required for the manufacture of exported products or replenishment of materials with similar specifications. Since the appellant's use of synthetic rubber in the exported articles was undisputed, the importation of Butyl rubber for replenishment or further manufacture fell within the exemption's scope.

5. Consequently, the Tribunal held that the charge under section 111(m) was not established, leading to no confiscation or penalty liability. Additionally, the appellant was entitled to the duty exemption under Notification No. 159/90, resulting in the appeal being accepted with consequential relief, setting aside the impugned order.