2000 (4) TMI 573 - AT - Customs

Summary

Issues:
1. Dispute related to import of Polypropylene Moulding Powder, self-adhesive tape, and craft paper in violation of DEEC passbook Scheme.
2. Grounds raised in the appeal against the order-in-original.
3. Comparison of similar cases involving DEEC Passbooks.
4. Import of Polypropylene without SSI Certificate and subsequent sale of craft paper.

Issue 1:
The appeal by the Revenue challenged the order-in-original related to the import of goods in violation of the DEEC passbook Scheme. The dispute involved Polypropylene Moulding Powder, self-adhesive tape, and craft paper. The grounds raised in the appeal included discrepancies in adjudication orders of similar cases, import of Polypropylene without an SSI Certificate, and the sale of craft paper violating the DEEC Passbook Scheme.

Issue 2:
During the hearing, the Departmental Representative reiterated the grounds raised in the appeal, while the Counsel for the respondent argued against the tenability of the objections. It was highlighted that the importers in previous cases had admitted violations, unlike the present case. Regarding the Polypropylene import, it was clarified that the importer had obtained an SSI registration certificate before clearance, and the goods were not cleared duty-free under the Passbook Scheme. The Counsel emphasized discrepancies in the understanding of the facts between the impugned order and the appeal.

Issue 3:
The Tribunal noted that comparisons between orders cannot be made unless the facts and evidence are identical. The cases cited by the Revenue differed as the importers in those cases had admitted violations. Concerning the sale of Polypropylene, it was established that the importer was an actual user and the goods were cleared on duty payment, not duty-free. The Tribunal observed a misunderstanding of facts by the Revenue regarding the evidence related to the consignment of paper.

Issue 4:
Based on the analysis, the Tribunal concluded that the Revenue failed to establish grounds for setting aside the Collector's order. The appeal was deemed unsuccessful and rejected. The judgment emphasized the importance of factual accuracy and consistency in understanding the legal implications of the case, particularly concerning import violations and sale transactions under the DEEC Passbook Scheme.