1995 (12) TMI 135 - AT - Customs

Summary

Issues:
1. Mis-declaration and undervaluation of imported goods under the DEEC scheme
2. Jurisdiction of officers from the Directorate of Revenue Intelligence (DRI) in seizing goods
3. Classification of imported goods as acrylic tow of prime quality
4. Assessment of duty and determination of assessable value
5. Imposition of redemption fine and penalty

Analysis:
1. The appeal involved the mis-declaration and undervaluation of imported goods under the DEEC scheme. The Collector of Customs found that the goods imported were not synthetic waste as declared but prime acrylic tow. The adjudicating authority determined the CIF value at US $ 1.76 per kg and imposed a redemption fine of Rs. 1 lakh and a penalty of Rs. 1 lakh. The benefit under the DEEC Scheme was denied based on the findings.

2. The jurisdiction of officers from the DRI in seizing goods was questioned by the appellant. The appellant argued that no cross-examination of the Chief Chemist and other officers was allowed. However, the respondent contended that the samples were sent as per the appellant's request and the test results confirmed that the goods were prime quality acrylic tow. The respondent cited the Customs Manual and Public Notice No. 19/90 to support the jurisdiction of DRI officers.

3. The classification of the imported goods as acrylic tow of prime quality was a crucial aspect of the case. The goods were initially declared as synthetic waste acrylic entangled filaments tow. However, upon examination, it was found that the goods were prime quality acrylic and not waste. Various tests confirmed the quality of the goods, and reports indicated that they could not be considered as waste.

4. The assessment of duty and determination of the assessable value were based on the findings that the goods were acrylic tow of prime quality. The Collector of Customs ordered the assessment under Tariff Heading No. 5501.30 and determined the assessable value at US $ 1.76 per kg. The tribunal confirmed this part of the order after considering the overall circumstances of the case.

5. In terms of the redemption fine and penalty, the tribunal decided to reduce the fine from Rs. 2 lakh to Rs. 1 lakh and the penalty from Rs. 1 lakh to Rs. 50,000. This modification was made after reviewing the case and considering the arguments presented by both parties. The tribunal confirmed the rest of the impugned order in light of the reduced fines and penalties.