1997 (4) TMI 189 - AT - Customs

Summary

Issues:
1. Allegation of not meeting the export requirement of Acrylic Fibre content.
2. Dispute regarding the sampling process and test reports.
3. Challenge against the adjudication order and penalties imposed.

Analysis:
1. The judgment revolves around the appellants being issued an Advance Licence to import Acrylic Fibre with an export obligation of a minimum 75% Acrylic Fibre content in the resultant product. While 1,50,000 Kilograms of the product were exported, a dispute arose over the remaining 50,000 Kgs. The Directorate of Revenue Intelligence seized containers, drew samples, and alleged the product contained only 61.6% to 69.7% Acrylic Fibre. The Additional Collector adjudicated, ordering confiscation, a redemption fine, and penalties, which led to the appeal.

2. The appellants argued that samples were not drawn in their presence, and tests by the Customs Officers at the Inland Container Depot showed compliance with the licence requirements. They contested the rejection of favorable test reports and the refusal for re-testing. The appellants highlighted discrepancies in the sampling process and test reports, citing a Bombay High Court judgment supporting their case. The respondent countered, stating the DRI Officers were not bound by ICD Officers' actions and questioned the correlation of samples to containers.

3. The Tribunal analyzed the submissions and records, noting the challenge to the Additional Collector's findings on sample correlation and delayed communication of test reports. It criticized the lack of re-testing and the application of test results to all containers, including the already dispatched one. Emphasizing the favorable test results by ICD officers and the absence of container references in reports, the Tribunal ruled in favor of the appellants. Citing the Bombay High Court judgment, the Tribunal set aside the adjudication order, allowing the appeal.