1999 (5) TMI 252 - AT - Customs

Summary

Issues Involved:
1. Classification of imported goods.
2. Applicability of the Advance Licence under the DEEC Scheme.
3. Validity of confiscation and imposition of penalty.

Issue-wise Detailed Analysis:

1. Classification of Imported Goods:
The appellants filed a Bill of Entry for clearance of goods described as "Printed PVC (PVC Leather Clothes)" under the DEEC Scheme. The assessing officer examined the goods and determined that they had acquired the essential characteristics of shoe uppers, classifying them under Heading 6406 as parts of footwear. The Tribunal examined the samples and found that the PVC sheets were embossed with patterns identifiable as shoe uppers. The Tribunal upheld the Commissioner's finding that the goods merited classification under sub-heading 64.06.10, as they had acquired the characteristics of shoe uppers.

2. Applicability of the Advance Licence under the DEEC Scheme:
The appellants claimed that the imported goods were covered under their Advance Licence, which listed "Printed PVC" as an eligible item. The Joint Director General of Foreign Trade (DGFT) clarified that the basic character of PVC Leather Cloth did not change by printing and embossing. However, the Tribunal noted that the Customs must verify the physical identity of the imported materials against the description in the licence. The Tribunal held that the goods did not match the description of "Printed PVC" as per the Customs Tariff, and therefore, the condition of the notification was not fulfilled. The opinion of the DGFT was not binding on the Customs Department in matters of classification for duty assessment.

3. Validity of Confiscation and Imposition of Penalty:
The Commissioner confiscated the goods under Section 111(m) of the Customs Act, 1962, and imposed a penalty under Section 112(a) of the Act. The appellants argued that they believed the goods qualified as "Printed PVC," a belief shared by the DGFT Committee. The Tribunal referred to the Supreme Court judgment in Akbar Badruddin Jiwani v. C.C., which held that penalties should not be imposed if the importer acted in a bona fide belief. The Tribunal concluded that the importers had acted in good faith and reduced the fine from Rs. 10 lakhs to Rs. 1 lakh, and remitted the penalty entirely.

Conclusion:
The appeal was dismissed with modifications. The Tribunal upheld the reclassification of the goods under Heading 6406, found that the goods did not match the description in the Advance Licence, and reduced the quantum of fine while remitting the penalty, acknowledging the bona fide belief of the importers.