1998 (5) TMI 117 - AT - Customs

Summary

Issues:
Three applications for waiver of pre-deposit and stay of recovery of amount of Customs Duty and penalty imposed by the Commissioner of Customs, New Delhi under the impugned order.

Analysis:

Issue 1: Classification of Imported Material
The appellant argued that the technical know-how and Front End Engineering Package (FEEP) imported should be considered as printed books falling under Chapter 49 of the Customs Tariff and exempted under Notification No. 107/93. The appellant relied on legal precedents to support their contention that the imported volumes constituted books under the Customs Act.

Issue 2: Valuation and Rate of Duty
The appellant contested the valuation taken by the Commissioner, stating that the entire payment made to the collaborator did not solely pertain to printed materials. They also argued that the rate of duty applicable should be as per the date of payment, which was nil under Notification No. 11/97. Additionally, the appellant pleaded financial hardship based on their financial statements to justify the requested waiver.

Issue 3: Respondent's Counterarguments
The Respondent contended that the FEEP comprised basic engineering information and technical documentation, not printed books, falling under a different heading in the Customs Tariff. They emphasized statements from company officials and the Commissioner's observations regarding the nature of the imported goods. The Respondent also highlighted the alleged non-disclosure of imported items to Customs authorities as evidence of mala fide intentions.

Judgment:
The Tribunal acknowledged the need for detailed examination during regular hearings to determine if the imported material qualified as printed books for exemption. However, considering the prima facie case made by the appellants and their financial hardship, the Tribunal granted a partial waiver of pre-deposit. The appellants were directed to pay a specified amount within a deadline to avoid undue hardship, failing which the appeals would be dismissed under Section 35F of the Central Excise Act.