2024 (3) TMI 246 - AT - Customs

Tribunal Confirms Polyester Bed Sheets Properly Classified; No Confiscation or Penalty Due to Lack of Mis-declaration Evidence.

Commissioner of Customs (Port), Kolkata Versus M/s. Silpha Finvest P. Limited

Commissioner of Customs (Port), Kolkata Versus M/s. Silpha Finvest P. Limited - TMI Issues involved:The classification of imported goods under Customs Tariff Act and imposition of penalty under Section 114A of the Customs Act, 1962.Classification of Goods:The case involved a dispute regarding the classification of a consignment of 'Bed sheet' imported by the respondent. The Revenue contended that the goods should be classified under CTH 5407 as 'Polyester Woven Fabrics,' while the respondent had classified them under CTH 6304 as 'Other furnishing articles.' The Tribunal analyzed the description of the goods in the Bill-of-Entry and concluded that even though the bed sheets were made of 100% polyester yarn, they retained their identity as bed spreads/bed sheets, properly classifiable under CTH 6304. The Tribunal held that the goods were correctly classified by the respondent under CTH 6304, and therefore, not liable for confiscation. No penalty or redemption fine was imposed on the respondent in this regard.Imposition of Penalty:The Revenue alleged that the respondent had willfully mis-declared the goods, and therefore, penalty under Section 114A of the Customs Act, 1962 should have been imposed. The Authorized Representative for the Revenue argued that the respondent had suppressed facts and deliberately misclassified the goods. However, the Tribunal found that the respondent had properly classified the goods under CTH 6304 and there was no intentional mis-declaration. Consequently, the Tribunal dismissed the appeal filed by the Revenue and disposed of the cross-objection filed by the respondent, holding that no penalty was imposable on the respondent.This judgment clarifies the importance of accurate classification of imported goods under the Customs Tariff Act and highlights the criteria for determining the correct classification based on the nature and identity of the goods, as described in the relevant documentation. It also emphasizes the need for evidence of willful mis-declaration to impose penalties under the Customs Act, ensuring fair treatment of importers in such disputes.