TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal rules in favor of Appellant in classification dispute; penalties dropped, duty demand confirmed</h1> <h3>Thyssenkrupp Industries India Pvt. Ltd. Versus Commissioner of Customs (Import), Mumbai</h3> Thyssenkrupp Industries India Pvt. Ltd. Versus Commissioner of Customs (Import), Mumbai - 2016 (343) E.L.T. 533 (Tri. - Mumbai) Issues Involved:1. Classification of imported goods.2. Confiscation and redemption fine.3. Imposition of penalty under Section 114A of the Customs Act, 1962.Detailed Analysis:1. Classification of Imported Goods:The primary issue was whether the imported 'Forged Pinion' should be classified under CTH 84831099 as 'Cranks and Transmission Shafts' or under CTH 84389010 as 'Parts of Sugar manufacturing machinery'. The Appellant initially classified the goods under CTH 84831010, which was incorrect. The Appellant later claimed the correct classification should be under CTH 84831099, while the Revenue classified it under CTH 84389010. The tribunal referred to the General Rules for the Interpretation of Customs Tariff and Section XVI notes, concluding that the goods should be classified under CTH 84831099 as 'Transmission Shafts and Cranks' since it has a specific tariff entry, even though it is used in sugar manufacturing machinery. This decision was supported by precedents such as the judgment in Larsen & Toubro Ltd. vs. Collector of Central Excise, Bombay.2. Confiscation and Redemption Fine:The adjudicating authority confiscated the goods and imposed a redemption fine of Rs. 5,00,000 under Section 125 of the Customs Act, 1962. The tribunal noted that the goods were neither seized nor provisionally released, and according to settled legal positions, if goods are not available for confiscation, redemption fine cannot be imposed. This principle was upheld by the larger bench of the tribunal in Shiv Kripa Ispat Pvt. Ltd. and supported by judgments from the Hon'ble Punjab and Haryana High Court and the Hon'ble Supreme Court. Consequently, the tribunal dropped the redemption fine.3. Imposition of Penalty under Section 114A of the Customs Act, 1962:The tribunal examined whether the penalty of Rs. 5,76,193 imposed on the Appellant was justified. It was observed that the Appellant correctly declared the description and rate of duty in the Bill of Entry without claiming any concession, and the error in classification was due to the automated system applying an unconditional exemption notification. The Appellant paid the differential duty suo moto before the issuance of the show cause notice. The tribunal found no malafide intention to evade duty, noting that the issue was a classification dispute. It is a settled law that penalties should not be imposed in cases involving interpretation of classification. The tribunal cited various judgments supporting this principle and concluded that the Appellant was not liable for the penalty under Section 114A.Conclusion:The tribunal ordered the following:(a) Redemption fine of Rs. 5,00,000 and penalty of Rs. 5,76,193 were dropped.(b) The confirmation of the differential duty demand of Rs. 5,76,193 along with interest of Rs. 8525, which was already paid by the Appellant, was maintained.Operative part of the order pronounced in the court.
TaxTMI 