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Issues: Classification of imported car covers under Import Trade Control Policy, Confiscation of goods, Valuation and mis-declaration, Delay in releasing consignments
In this judgment by the Appellate Tribunal CEGAT, Mumbai, the primary issue revolves around the classification of car covers imported by the respondent under the Import Trade Control Policy. The importer claimed the classification under Heading 8708.99, covering parts and accessories of motor vehicles, while the department argued for classification under Heading 6307.90 as made-up articles of textiles. The Additional Commissioner confirmed the department's classification, leading to the confiscation of goods, imposition of penalties, and allegations of undervaluation and misdeclaration. The Commissioner (Appeals) later accepted the importer's classification, citing precedent and past practices. However, the Tribunal, in its analysis, upheld the department's classification, emphasizing that the car covers were not accessories or parts of motor vehicles. Referring to the Supreme Court's decision in Mehra Bros. v. Joint Commercial Officers, the Tribunal concluded that the covers did not meet the criteria of being an adjunct, accompaniment, or addition for the convenient use of a motor vehicle. Additionally, the Explanatory Notes to the Harmonized System of Nomenclature included loose covers for motor cars under Heading 6307, further supporting the department's classification. Regarding the confiscation of goods, the Tribunal found evidence presented by the respondent showing prior clearances of identical goods under the claimed heading, indicating unjustified confiscation and penalty imposition. The Tribunal also addressed the issue of valuation and misdeclaration, determining that discrepancies in the goods' description did not amount to misdeclaration, and the valuation was consistent with previous imports. Consequently, the Tribunal allowed the appeal to the extent of rejecting the Commissioner (Appeals) classification and affirming the classification under Heading 6307.90. In response to the delay in releasing the consignments, the Tribunal directed the Chief Commissioner of Customs to investigate the reasons for detaining the goods for over a year, especially when similar consignments were being released promptly. The Tribunal urged for the immediate release of the consignments covered in the bills of entry under consideration, unless specific reasons justified further detention.
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