1987 (3) TMI 276 - AT - Customs

Customs Tribunal overturns decision, upholds confiscation of misclassified goods.

The Tribunal overturned the Appellate Collector's decision and confirmed the Asstt. Collector's order to confiscate Glass Coat Compound for ... Classification of goods for import Issues:1. Interpretation of import license provisions and classification of imported goods.2. Review of customs adjudication orders based on misinterpretation of test reports.3. Consideration of past practices in customs clearance decisions.Analysis:1. The appeal involved the interpretation of import license provisions and the classification of imported goods by M/s. Shri Art Printing Press. The dispute arose when the Department objected to the clearance of Glass Coat Compound, alleging it to be a banned Polyamide resin under a different category. The Asstt. Collector ordered confiscation but allowed redemption on payment of a fine. The Appellate Collector overturned this decision, leading to a review by the Government of India under Section 131, which was later transferred to the Tribunal due to statutory amendments in the Customs Act.2. During the appeal hearing, the Departmental Representative highlighted a misreading of the test report by the Appellate Collector, pointing out discrepancies in the description of the imported item. The test reports indicated that Glass Coat Compound contained Polyamide resin, with no other ingredients detected. The respondents argued that Glass Coat Compound was a chemical product with Polyamide resin as a base, not solely Polyamide resin. However, they failed to produce a chemical report supporting their claim. The Tribunal found that the Appellate Collector's factual error in interpreting the test reports led to the appeal being erroneously allowed.3. The respondents and the Appellate Collector referenced a past Bill of Entry (B/E) where similar goods were released without objection. However, the Department clarified that the B/E did not pertain to Glass Coat Compound but to other items. The Tribunal emphasized that reliance on a single B/E was insufficient to establish a practice, and customs authorities were entitled to correct any past mistakes. Ultimately, the Tribunal allowed the appeal, setting aside the Appellate Collector's order and confirming the Asstt. Collector's decision.This judgment underscores the importance of accurate interpretation of test reports in customs adjudication, adherence to import license provisions, and the limited weight given to past practices in customs clearance decisions.