2022 (1) TMI 220 - AT - Customs

Importer's Appeal Partly Allowed in Misdeclaration Case: Bond Waiver, Mutilation Condition Modified

M/s SRK Manufacturing Versus Commissioner of Customs, Luhiana (Vice-Versa)

M/s SRK Manufacturing Versus Commissioner of Customs, Luhiana (Vice-Versa) - TMI Issues Involved:1. Misdeclaration and concealment of imported goods.2. Prohibition of import of old and used CRGO sheets and gas cylinders without a license.3. Conditions imposed for the provisional release of goods.Issue-wise Detailed Analysis:1. Misdeclaration and Concealment of Imported Goods:The importer filed four Bills of Entry for clearance of goods declared as 'Heavy Melting Scrap (HMS) ISRI Code 200 to 206.' Upon examination by DRI officers, it was found that the goods were misdeclared and included old and used CRGO sheets, old and used gas cylinders, and table tennis rackets. The Revenue alleged that the importer indulged in importing these items by way of concealment and misdeclaration.2. Prohibition of Import of Old and Used CRGO Sheets and Gas Cylinders Without a License:The Revenue argued that the import of old and used CRGO sheets and old empty gas cylinders without a license is prohibited in India as per various regulations, including the OM dated 9.11.2020 and the Steel and Steel Products (Quality Control) order. The Explosives Act, 1884, and Gas Cylinder Rules, 2016, also prohibit the import of gas cylinders without a proper license. The goods were seized under Section 110 of the Customs Act, 1962, on the belief that they were liable for confiscation under Sections 111 and 119 of the Customs Act, 1962.3. Conditions Imposed for the Provisional Release of Goods:The importer requested the provisional release of the goods, which was initially rejected by the adjudicating authority. However, the Commissioner (Appeals) allowed the release of the goods after mutilation, subject to certain conditions, including furnishing a bond equal to the value of the goods, a Bank Guarantee (BG) equivalent to 30% of the value of the goods, and payment of the assessed differential duty. The importer contested the BG condition, arguing it was harsh and contrary to similar cases. The Revenue opposed the provisional release, citing the prohibition of such imports.Judgment:The Tribunal considered the arguments from both sides and reviewed the records. It noted that the Commissioner (Appeals) had directed the release of the goods after mutilation, rendering them as scrap, which addressed the concerns regarding the Gas Cylinder Rules and the classification of CRGO sheets. The Tribunal found no reason to interfere with the provisional release order but agreed with the importer that the condition to furnish a BG equivalent to 30% of the value of the goods was not warranted.Conclusion:The Tribunal modified the impugned order to waive the condition of furnishing a BG equivalent to 30% of the value of the goods. The appeal filed by the importer was partly allowed, and the appeal filed by the Revenue was dismissed. The goods were to be provisionally released after mutilation, subject to the importer furnishing a bond equal to the value of the goods and paying the differential duty assessed by the department.