1986 (5) TMI 125 - AT - Customs

Tribunal Upholds Customs Duty on Imported Machines, Citing Similarity to Indian Goods

The Tribunal allowed the appeals filed by the Collector of Customs, Bombay, confirming the liability of imported second hand machines to additional duty ... Countervailing duty Issues:1. Whether additional duty of customs is chargeable on second hand machines imported into India.2. Interpretation of Section 3(1) of the Customs Tariff Act, 1975 regarding the levy of additional duty on imported goods.3. Application of previous judgments by the Hon'ble Supreme Court and Delhi High Court in determining the liability of imported second hand machines to additional duty of customs.Detailed Analysis:1. The Collector of Customs, Bombay filed three appeals against orders passed by the Collector of Customs (Appeals) concerning the levy of additional duty of customs on second hand intersecting gill boxes imported by the appellants. The Assistant Collector rejected refund claims, stating that Section 12 of the Customs Act, 1962 does not differentiate between new and old goods. The Collector of Customs (Appeals) allowed the appeals, holding that the imported second hand goods were not covered under the Explanation of Section 3(1) of the Customs Tariff Act, 1975. The main issue was whether second hand goods are liable for additional duty of customs equivalent to Central Excise duty (Item 68).2. The arguments presented by both sides revolved around the interpretation of Section 3(1) of the Customs Tariff Act, 1975. The appellant argued that the levy of additional duty on second hand machines was justified based on previous judgments of the Hon'ble Supreme Court and the Delhi High Court. The respondent contended that Section 3(1) was not intended to cover second hand goods as they are not subject to Central Excise duty. Reference was made to judgments emphasizing the intention behind the legislation and the applicability of duties to imported goods.3. The Tribunal analyzed the scope of levy of additional duty under Section 3(1) and the Explanation provided therein. Referring to the judgments cited by both parties, the Tribunal highlighted that the duty under Section 3(1) is not contingent on the nature or quality of the imported goods but on their classification and similarity to goods produced in India. The Tribunal concluded that second hand machines, falling under the class of 'machines,' would attract Central Excise duty if manufactured in India, thus justifying the levy of additional duty of customs under Section 3(1). The Tribunal relied on the Supreme Court's judgment in a similar case to uphold the liability of imported second hand machines to additional duty of customs.In conclusion, the Tribunal allowed the appeals filed by the Collector of Customs, Bombay, setting aside the impugned orders and confirming the liability of imported second hand machines to additional duty of customs under Section 3(1) of the Customs Tariff Act, 1975, based on the interpretation and application of relevant legal provisions and precedents.