2005 (6) TMI 199 - AT - Customs

Importers win case importing second-hand Photocopier Machines as Capital Goods without license. Tribunal clarifies rules.

ATUL COMMODITIES PVT. LTD. Versus COMMISSIONER OF CUSTOMS, COCHIN

The Tribunal ruled in favor of the importers in a case involving the import of second-hand Photocopier Machines as Capital Goods without a license. The ... Confiscation, Fine and Penalty - Valuation (Customs) Issues:1. Import of second-hand Photocopier Machines as Capital Goods without a license.2. Confiscation, fine, and penalty imposed on importers.3. Disagreement between Revenue and importers on the requirement of a license.4. Application of Transaction Value and internet price in determining fine and penalty.Analysis:Issue 1: Import of second-hand Photocopier Machines as Capital Goods without a licenseThe appeals involved a common issue of importers importing second-hand Photocopier Machines and paying for clearance as Capital Goods without a license. The Revenue contended that the machines required a license as per Para 2.17 of the EXIM Policy. However, the importers argued that second-hand Photocopiers can be imported as Capital Goods under the Foreign Trade Policy and are freely importable under Para 2.17. The Tribunal referred to previous judgments, including a Larger Bench ruling, supporting the import of second-hand Photocopiers as Capital Goods, setting aside the confiscation and imposition of fine and penalty.Issue 2: Confiscation, fine, and penalty imposed on importersThe Revenue had confiscated the Photocopier machines and imposed fines and penalties on the importers for importing without the required license. However, based on the Tribunal's findings and previous judgments, it was concluded that the importers were allowed to import the machines as Capital Goods, and the imposition of fine and penalty was set aside.Issue 3: Disagreement between Revenue and importers on the requirement of a licenseThe disagreement between the Revenue and importers centered around whether the second-hand Photocopier Machines required a license for import. The Tribunal, following precedent and a Larger Bench ruling, determined that the machines could be imported as Capital Goods without the need for a license, leading to the allowance of the importers' appeals and rejection of the Revenue's appeal.Issue 4: Application of Transaction Value and internet price in determining fine and penaltyIn one of the appeals, the importers had imported the Main Frame of the Photocopiers, which required a license and were not freely importable. The Tribunal agreed that the confiscation and imposition of fine and penalty were justified in this case. However, the Tribunal set aside the enhancement of value based on internet prices, citing the requirement to accept Transaction Value. The Redemption fine was fixed at 10% of the Transaction Value, while the penalty remained unchanged.This detailed analysis of the judgment highlights the key issues, arguments presented, and the Tribunal's conclusions, providing a comprehensive understanding of the legal aspects involved in the case.