2000 (12) TMI 573 - AT - Customs

Summary

Issues Involved:
1. Classification of the imported item as Integrated Circuit (IC) or Populated Printed Circuit Board (PPCB).
2. Violation of principles of natural justice.
3. Applicability of concessional duty benefits.
4. Requirement of Special Import Licence (SIL).

Detailed Analysis:

1. Classification of the Imported Item:
The primary issue in the appeal was whether the imported item, declared by the appellants as Integrated Circuit (IC) and claimed under heading 85.42, should be classified under this heading or under chapter sub-heading 8473.30 as parts of Automatic Data Processing Machine, as claimed by the department. The department contended that the goods were "New Generation Micro Processor in the form of Populated Printed Circuit Board (PPCB)" and thus fell under heading 8473.30. The Dy. Commissioner classified the items as PPCBs, citing that they were not in the form of ICs and thus not classifiable under heading 8542. The Commissioner (Appeals) upheld this classification, stating that even if the items were ICs, they would still be classified under heading 8473.30 as parts of computers, in light of Note 2(a) to Section XVI of the Customs Tariff.

2. Violation of Principles of Natural Justice:
The appellants argued that there was a violation of natural justice principles, as they were not given adequate opportunity to present their case. They had requested an adjournment to submit technical literature and details from the manufacturers and were awaiting clarification from the Ministry. However, the Dy. Commissioner proceeded with the matter without granting the adjournment. The Tribunal found that the department should have obtained an expert opinion or had the item examined by an expert appraiser before changing the classification. The refusal to grant an adjournment and the subsequent decision without considering the appellants' evidence constituted a violation of natural justice.

3. Applicability of Concessional Duty Benefits:
The Dy. Commissioner noted that the concessional benefit under Notification No. 23/98 was not available to the New Generation Micro Processors at the time of importation, as they were not integrated circuits. The applicable duty was as specified against chapter heading 8473.20, and the goods imported before 27-11-1998 were not eligible for concessional duty benefit under Notifications 97/98 and 98/98.

4. Requirement of Special Import Licence (SIL):
The Dy. Commissioner also noted that the goods were cleared without debiting any Special Import Licence (SIL), as they were assessed as integrated circuits and not as PPCBs. The importers benefited from this misclassification on both duty and licence aspects. The Commissioner of Customs (Airport) also held that the item required SIL and thus was confiscable, although it was released on payment of a fine.

Conclusion:
The Tribunal concluded that there was a clear violation of principles of natural justice, as the department did not obtain an expert opinion or examine the item through an expert appraiser before changing the classification. The appellants' request for an adjournment was unjustly denied, and the Commissioner (Appeals) failed to consider the technical details and the expert affidavit submitted by the appellants. The Tribunal set aside the orders of the Dy. Commissioner and the Commissioner (Appeals) and remanded the matter for de novo consideration. The original authority was directed to obtain expert opinions and allow the appellants to rebut the same, ensuring a fair hearing and a speaking order. The Commissioner of Customs (Airport) was also directed to wait for the classification dispute to be resolved before proceeding further.