2000 (11) TMI 483 - AT - Customs

Summary

Issues:
- Duty and penalties waiver applications.
- Misdeclaration of goods under Notification 11/97.
- Contradictory opinions from CLRI and IIPL.
- Evidence of goods being used in leather industry.
- Allegation of suppression or misdeclaration.
- Sample not taken from imported goods.
- Prevalent practice at Mumbai Customs House.
- Balance of convenience in favor of applicants.

Analysis:
The case involved applications for waiver of duty and penalties by two companies, each facing a duty demand and penalty imposition for misdeclaration of goods under Notification 11/97. The duty was confirmed on the grounds that the imported goods were not capable of being used as insole sheets in the leather industry, contrary to the benefit claimed. The applicants argued that the goods could be used as insole material for leather shoes, presenting certificates from CLRI and the Footwear Design & Development Institute to support their claim. They also referenced correspondence between Mumbai Customs House and the Directorate of Revenue Intelligence to show the prevalent practice of granting exemption under Notification 11/97 for similar goods.

The applicants highlighted the circular dated 6-10-1998, which allowed nylon tericot flocking fabric to be cleared under Notification 11/97 if evidence was provided to show the goods were meant for use in the leather industry. They argued that suppression or misdeclaration could not be alleged against them based on the existing practice at the time. Additionally, the fact that no sample was taken from the imported goods further supported their case, as the revenue relied on samples from other consignments. The conflicting opinions from CLRI and IIPL regarding the usability of the goods in the leather industry added complexity to the case.

After considering all arguments and evidence presented, the tribunal found that the balance of convenience favored the applicants. Therefore, the deposit of duty and penalty was unconditionally waived for the hearing of the appeals, and the applications for duty and penalties waiver were allowed.