2000 (12) TMI 142 - AT - Customs

Summary

Issues involved:
The issues involved in this case are the determination of transaction value under the Customs Valuation Rules, the eligibility of goods for confiscation under Section 111 of the Customs Act 1962, and the imposition of redemption fine and penalty.

Determination of Transaction Value:
The Appellate Tribunal considered the Supreme Court decision in the case of Eicher Tractors Ltd., which held that the transaction value can be determined under Rule 4(1) without proceeding to subsequent rules if it does not fall under any exceptions. In this case, the Tribunal found no evidence of a special relationship between the supplier and the importer, leading to the acceptance of the invoice value as the transaction value.

Confiscation of Goods:
Upon accepting the invoice values as transaction values, the Tribunal concluded that there was no case of under-invoicing or under-valuation as determined by the lower authorities. Therefore, the Tribunal found no grounds for confiscation of the goods under Section 111(m) of the Customs Act, 1962.

Nature of Goods and Import License:
Regarding the import of 'rubber pencil erasers,' the Tribunal determined that they are consumer goods used by students, draughtsmen, and others, rather than solely 'teaching aids.' As consumer goods, import of pencil erasers required a license during the relevant period, and since no license was produced, the confiscation under Section 111(d) was upheld.

Redemption Fine and Penalty:
The Tribunal noted that the Collector (Appeals) had reduced the redemption fine based on the finding of no under-invoicing. As the appeal did not provide reasons for considering the fine inadequate, the Tribunal did not interfere with the Collector's decision. Additionally, the Tribunal upheld the setting aside of the penalty imposed on the respondents, as the department failed to establish a clear case of under-valuation based on material evidence.

Conclusion:
Based on the findings above, the Revenue's appeal was rejected by the Appellate Tribunal CEGAT, Chennai.