1997 (7) TMI 350 - AT - Customs

Summary

Issues:
- Appeal challenging Impugned Order-in-Original
- Classification of IGP Bezel as freely importable
- Confiscation and penalty under Customs Act
- Appellant's arguments on importability
- Department's arguments on consumer goods classification
- Consideration of IGP Bezel as bracelet
- Interpretation of relevant laws and notifications
- Decision on appeal regarding importability

Analysis:

The case involves an appeal challenging an Impugned Order-in-Original regarding the classification of Integrated Gold Plate (IGP) Bezels as freely importable. The appellant, a manufacturer of wristwatches, imported IGP Bezels which were deemed not freely importable by the Customs Department, leading to a show cause notice for confiscation and penalty under the Customs Act. The appellant contended that the Bezels were raw materials for watch manufacturing and not consumer goods, citing EXIM Policy provisions (paras 22 & 23) and case laws supporting their claim.

The appellant argued that the IGP Bezels were freely importable under the 1992-97 Import Trade Control (ITC), not being consumer goods but requiring processing before use in watches. They highlighted their Central Excise License for watch manufacturing and compliance with relevant public notices. The Department contended that the Bezels were consumer goods and part of restricted items, emphasizing the negative list under the ITC.

The Tribunal analyzed the case, considering the definition of Bezels and bracelets, and the appellant's manufacturing processes. They referenced the Oxford Dictionary for clarity on the terms and noted discrepancies in the Department's reasoning. Relying on the appellant's declarations and the nature of the Bezels as watch components, the Tribunal found in favor of the appellant regarding the importability of IGP Bezels.

Referring to relevant laws, notifications, and previous judgments like Sigma Electronics, the Tribunal concluded that IGP Bezels were freely importable raw materials for watches, not subject to confiscation or penalty. They emphasized that the Bezels were not consumer goods but integral components of watches, supporting the appellant's arguments. The Impugned Order was quashed, and the appeal was allowed in favor of the appellant, holding that IGP Bezels are freely importable.