1997 (1) TMI 209 - AT - Customs

Summary

Issues:
1. Appeal against the decision of the Commissioner of Customs (Appeals) setting aside the impugned order.
2. Classification of goods under Tariff Heading 4801.
3. Request for issuance of assessment orders.
4. Appeal against the letter dated 12-6-1995.
5. Legality of passing the impugned order by the Commissioner of Customs (Appeals).

Issue 1:
The appeal was filed by the Commissioner of Customs, Mumbai against the decision of the Commissioner of Customs (Appeals) setting aside the impugned order and directing the lower authority to pass speaking orders in all disputed assessments of the respondent within a month. The respondent had imported OFFSET LITHO plates and were initially assessed under Tariff Heading 4801 without protest. The Tribunal had previously classified similar goods under a different heading in favor of the respondent. The Commissioner of Customs (Appeals) dismissed the respondent's appeal, stating that the letter from the Deputy Collector was not an order and hence not appealable. The respondent later requested appealable assessments, which was denied by the Assistant Commissioner, leading to the appeal against this decision.

Issue 2:
The goods imported by the respondent were initially assessed under Tariff Heading 4801, and duty was paid without protest. However, the respondent later sought issuance of assessment orders, which was denied by the authorities citing the lapse of time and failure to file a refund claim within the stipulated period under the Customs Act. The Tribunal's previous decision in a similar case favored the respondent, leading to the request for appealable assessment orders. The legality of the original classification and subsequent requests for assessment orders were central to this issue.

Issue 3:
The respondent's request for issuance of assessment orders for consignments of Offset Litho Plates imported during a specific period was repeatedly denied by the authorities. The Deputy Collector and Assistant Commissioner both reiterated that the assessments were appealable orders themselves and that separate speaking orders could not be issued. The respondent's appeal against the Assistant Commissioner's decision led to the Commissioner of Customs (Appeals) directing the lower authority to pass speaking orders, which was challenged by the department in the present appeal.

Issue 4:
The appeal was filed against the letter dated 12-6-1995 from the Assistant Commissioner, which reiterated that the assessments of the consignments were appealable orders and rejected the request for separate speaking orders. The department argued that the lower appellate authority erred in passing the impugned order, emphasizing that the assessments were appealable as decided by the Tribunal in a previous case. The respondent contended that the department's stance lacked merit and referred to previous Tribunal decisions in their favor.

Issue 5:
The legality of passing the impugned order by the Commissioner of Customs (Appeals) was contested by both parties. The department argued that the impugned order directing the lower authority to pass speaking orders was erroneous in law, especially considering the previous decision that such communication was not appealable. The respondent maintained that the department's position lacked merit and highlighted the Tribunal's decisions in their favor. The Tribunal ultimately set aside the impugned order, ruling in favor of the department's appeal.

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