2000 (9) TMI 695 - Commissioner - Customs

Summary

Issues:
- Confiscation of goods under Section 111(d) of Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development and Regulation) Act, 1962.
- Redemption fine and penalty imposed on the importer.
- Requirement of specific import license for goods in consumer packs.
- Appeal for waiver of show cause notice and personal hearing.
- Applicability of goods as consumer packs.
- Justification of confiscation, redemption fine, and penalty.

Analysis:
1. The judgment deals with two appeals filed against the confiscation of goods under the Customs Act, 1962. The goods were confiscated under Section 111(d) of the Customs Act, 1962 read with Section 3(3) of the Foreign Trade (Development and Regulation) Act, 1962. The lower authority had imposed redemption fines and penalties on the importer, prompting the appeals.

2. The appellant argued that the goods, Konica Adhesive Tapes, were assessable as freely importable without any import license. However, the lower authority demanded a specific import license due to the goods being in consumer packs. The appellant, unable to produce the specific import license immediately, sought waiver of show cause notice and personal hearing. The lower authority confiscated the goods with an option for redemption with fines and penalties. The appellant contended that the goods were essential for critical applications and were not market-ready due to packaging without necessary details.

3. During the personal hearing, the appellant reiterated their submissions and cited relevant case laws to support their argument that the goods were not consumer packs as understood in trade terms. They emphasized that the goods were not intended for direct sale in the market but were used captively by the importer, thus not falling under the category of consumer goods.

4. Upon careful examination of the case records and appellant's submissions, the judge observed that the goods, Konica Adhesive Tapes, were kept in simple polythene covers without any external markings or details. The judge noted that the tapes were used internally by the importer and could not be sold in the market without additional processing or packaging. Therefore, the judge concluded that the lower authority's decision was not sustainable.

5. Consequently, the judge set aside the orders of the lower authority and allowed both appeals, ruling in favor of the appellant. The judgment highlighted the importance of considering the nature of packaging and the intended use of goods in determining their classification as consumer packs or consumer goods under import regulations.