1986 (9) TMI 198 - AT - Central Excise

Appellate tribunal overturns order, rules in favor of appellants in duty exemption case.

The appellate tribunal set aside the impugned order, allowing the appeal with consequential relief to the appellants. It concluded that the exported goods ... Duty Exemption Entitlement Certificate (DEEC) Issues Involved:1. Confiscation of exported goods under Sections 113(d) and 113(i) of the Customs Act, 1962.2. Confiscation of imported components under Section 111(o) of the Customs Act, 1962.3. Liability for import duty and interest under Section 143(A)(2)(b) of the Customs Act, 1962.4. Penal action under Sections 112 and 114 of the Customs Act, 1962.Issue-wise Detailed Analysis:1. Confiscation of Exported Goods under Sections 113(d) and 113(i) of the Customs Act, 1962:The customs authorities issued a show cause notice alleging that the appellants exported components of fishing rods mis-declared as complete fishing rods. The Principal Collector of Customs concluded that the exported goods were not complete fishing rods as they lacked essential accessories like hooks, reels, and spools. However, the appellate tribunal disagreed, stating that these items are accessories and not component parts of fishing rods. The tribunal cited dictionary definitions and the Customs Cooperation Council Nomenclature (CCCN) to support this view. Consequently, the tribunal found that the exported goods were indeed fishing rods, and the confiscation under Sections 113(d) and 113(i) was not justified.2. Confiscation of Imported Components under Section 111(o) of the Customs Act, 1962:The customs authorities alleged that the appellants did not fulfill the conditions of the Duty Exemption Entitlement Certificate (D.E.E.C.) and the exemption notification, making the imported components liable for confiscation. The tribunal noted that the appellants imported components of fishing rods and were required to export fishing rods, not fishing tackle. The tribunal found that the appellants had assembled the imported components into fishing rods, thus fulfilling the conditions of the D.E.E.C. and the exemption notification. Therefore, the confiscation under Section 111(o) was not justified.3. Liability for Import Duty and Interest under Section 143(A)(2)(b) of the Customs Act, 1962:The customs authorities demanded import duty and interest on the imported components, alleging that the appellants did not fulfill the export obligation. The tribunal found that the appellants had assembled and exported fishing rods as required by the D.E.E.C. and the exemption notification. Therefore, the demand for import duty and interest was not justified.4. Penal Action under Sections 112 and 114 of the Customs Act, 1962:The customs authorities imposed penalties on the appellants under Sections 112 and 114 for allegedly making false declarations and violating the conditions of the D.E.E.C. and the exemption notification. The tribunal found that the appellants had indeed exported fishing rods as required and that the customs authorities' basis for penal action was flawed. Therefore, the penalties under Sections 112 and 114 were not justified.Conclusion:The appellate tribunal set aside the impugned order, allowing the appeal with consequential relief to the appellants. The tribunal concluded that the exported goods were fishing rods, not components, and that the appellants had fulfilled the conditions of the D.E.E.C. and the exemption notification. Consequently, the confiscation of goods, demand for import duty and interest, and penal actions were not justified.