9911796707
TMI Blog2005 (5) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... on payment of appropriate duty and fine of Rs. 6,50,000/- enhancing the invoice value to US $ 0.75 per piece CIF and imposing penalty of Rs. 1,50,000/- under Section 112(a) of the said Act, was set aside. 2. The respondent imported 25,500 pieces of Electronic Organs (Electronic Organ Piano small size) declaring CIF value as US $ 10,200 (Rs. 4,39,895/-) @ US $ 0.40 per piece at ICD, Vadodara, and filed Bill of Entry No. 115 dated 17-9-1998. Clearance was claimed under Heading 9207.10 without import licence as musical instruments which were freely importable in terms of Heading 9207.10 of the ITC (HS) Classifications of Export Import items notified in the Exim Policy of the years 1997-2002. 3. The Addl. Commissioner in his order-in-orig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usal of Note 1(c) to Chapter 92, it was revealed that it excluded toy instruments or apparatus and the present import was not of toy, but of the musical instruments which were covered under Chapter 92. He concluded in paragraph 8 of the order that the disputed goods were electronic organs (smaller size) which were musical instruments, falling under entry 9207.10 of the Customs Tariff Act, 1975, and that the value declared by the appellant was the correct transaction value as per Section 14(1) of the said Act read with Rule 4 of the Customs Valuation Rules, 1988. He, therefore, set aside the order-in-original. 5. Chapter 92 of the Tariff Act relates to Musical instruments; parts and accessories of such articles . Under Note 1(c) of Chapte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of this heading are mechanically or electrically operated . It is also stated that, certain toys including musical instruments may be capable of a limited use or generally distinguishable by their size and limited capacity from the real articles. 6. It will be noticed from the ITC (HS) of the classifications of Export and Import Items of the year April, 1997 to March, 2002, Item 950350 01 that, Toy musical instruments and apparatus are shown as restricted Items which could not be permitted to be imported except against a licence or in accordance with the public notices issued in this behalf. 7. It is evident from the size and number of the articles imported (25,500 pcs of Electronic Organ Piano small size ) and the price at which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as evidencing, the transaction value, as per Rule 4(1) of the said Rule. 9. We, therefore, hold that the disputed goods are not electronic organs - musical instruments, classifiable under Customs Tariff Heading 9207.10 of the Customs Tariff Act, 1975, but they are Toy Musical Instruments and Apparatus classifiable under item 9503.50. We, therefore, restore the order of confiscation passed by the original authority and set aside the impugned order-in-appeal on that count. However, in view of the fact that the value declared by the appellant is rightly held to be the transaction value, while upholding the order-in-original except as regards the declaration of invoiced value, we order that fine in lieu of confiscation which was Rs. 6,50,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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