Power Weeder Misclassified as Brush Cutter Under CH 8467 8990, Attracts Duty with Reduced Redemption Fine

CESTAT ruled on classification dispute for imported Power Weeders, initially declared as Rotary Power Weeder but found to be Brush Cutters. The tribunal upheld classification under CH 8467 8990, confirming duty demand of Rs.3,91,930 for current imports and differential duty for past clearances within normal limitation period. Previous declarations correctly identified items as Brush Cutters, negating suppression allegations. Confiscation of goods valued at Rs.18,65,268 was sustained with reduced redemption fine of Rs.2,00,000 under Customs Act Section 125. Penalties under Sections 114A, 114AA were set aside due to absence of suppression. Director's penalties under Sections 112 and 114AA were also dropped. Appeal succeeded partially with modified penalties. .....

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