1998 (9) TMI 274 - AT - Customs

Summary

Issues: Classification of 'Canofile 510' machine under Tariff Heading 84.71 or 84.72, Confiscation of goods, Reduction of redemption fine

Classification Issue:
The main issue in the present appeal was the classification of the 'Canofile 510' machine under Tariff Heading 84.71 or 84.72. The Appellants argued for classification under 84.71, while the Additional Commissioner of Customs classified it under 84.72. The Adjudicating Officer observed that the machine did not meet the conditions of Heading 84.71 as it was not freely programmable and could not make arithmetical computations. Consequently, the machine was classified under Heading 84.72 as an "other office machine." The Adjudicating Officer also noted that the machine required a specific import license for clearance, which the importer failed to produce. The Catalogues presented by the Appellants showed that the machine was for document management, saving time, space, and money, but did not meet the definition of an automatic data processing machine under Chapter Note 5A(a) to Chapter 84. The Tribunal held that the machine fell under Tariff Heading 84.72 based on the HSN Explanatory Notes, which excluded fixed program machines from Tariff entry 84.71. Despite a clarification from the Department of Electronics favoring 84.71 classification, the Tribunal upheld the classification under 84.72, as the competing entries were not considered by the Appellants.

Confiscation Issue:
Regarding the confiscation of goods, it was acknowledged that the Custom House had a practice of assessing similar machines under Tariff Heading 84.71. Considering this practice, a lenient view was required. The Adjudicating Authority reduced the redemption fine from Rs. 1.5 Lakhs to Rs. 50,000, and the personal penalty was set aside by the lower appellate authority. The Tribunal confirmed the impugned order with the modification in the redemption fine.

In conclusion, the judgment primarily focused on the classification of the 'Canofile 510' machine under Tariff Heading 84.71 or 84.72. The Tribunal upheld the classification under 84.72 based on the machine's characteristics and the HSN Explanatory Notes, despite a clarification from the Department of Electronics favoring 84.71. Additionally, the Tribunal addressed the confiscation issue, considering the Custom House practice and reducing the redemption fine.