1994 (10) TMI 176 - AT - Customs

Tribunal overturns order, rules in favor of appellants due to lack of evidence and unreliable test reports.

The Tribunal set aside the impugned order in its entirety, allowing the appeal with consequential relief to the appellants. The decision was based on the ... Export - Raw materials imported under DEEC Scheme Issues Involved:1. Liability to confiscation of imported prime quality fibre.2. Imposition of penalties under Sections 111(o), 112, 113(i), and 114 of the Customs Act, 1962.3. Amendment of entries in the DEEC book.4. Validity of the test reports and evidence supporting the misdeclaration charge.5. Applicability of Sections 111(o) and 113(i) to the facts of the case.Issue-wise Detailed Analysis:1. Liability to Confiscation of Imported Prime Quality Fibre:The adjudicating authority upheld the liability to confiscation of 24,980.75 kgs of imported prime quality fibre, asserting that the appellants misdeclared the quality of the raw material to fulfill export obligations fraudulently. The test reports from various laboratories indicated that the exported goods were not of prime quality, containing a significant proportion of waste fibres. However, the Tribunal found that the DEEC scheme allowed for a mixture of prime polyester fibre and synthetic waste, and the appellants' records supported the declared composition. Consequently, the confiscation was not justified.2. Imposition of Penalties under Sections 111(o), 112, 113(i), and 114 of the Customs Act, 1962:The Additional Collector imposed penalties of Rs. 2 lakhs each under Sections 111(o) and 112, and Sections 113(i) and 114. The Tribunal noted that the penalties were based on the misdeclaration charge, which was not substantiated by reliable evidence. The BTRA Test House's reports were found to be inconclusive and of dubious nature, as they lacked standard test methods and exact quantification. Therefore, the penalties could not be sustained.3. Amendment of Entries in the DEEC Book:The adjudicating authority directed the amendment of entries in the DEEC book to reflect that only 24,980.75 kgs of prime quality fibre had been exported. The Tribunal found this amendment unnecessary, as the appellants' records and the covering letter from the foreign buyer indicated the correct composition of the export goods. The raw material register and production register verified by the Enforcement Inspector further supported the appellants' claim.4. Validity of the Test Reports and Evidence Supporting the Misdeclaration Charge:The Tribunal analyzed various test reports, including those from the Deputy Chief Chemist, SASMIRA, CRCL, and BTRA Test House. The common finding was the presence of waste materials, but none of the reports conclusively disproved the appellants' declared 50%:50% ratio of prime polyester fibre and synthetic waste. The Tribunal also considered the contemporaneous documents submitted by the appellants, which corroborated their declaration. The BTRA reports were particularly scrutinized and found to be unreliable due to the lack of established test methods and the inability to quantify prime quality fibre accurately.5. Applicability of Sections 111(o) and 113(i) to the Facts of the Case:The Tribunal did not delve deeply into the applicability of Section 113(i), as the primary issue of misdeclaration was not proven. However, it was noted that Section 113(i) pertains to dutiable, prohibited goods, or goods entered for exportation under claim for drawback, none of which applied to the appellants' goods. Consequently, the penalties under Sections 111(o) and 113(i) were deemed inapplicable.Conclusion:The Tribunal set aside the impugned order in toto, allowing the appeal with consequential relief to the appellants. The decision was based on the lack of conclusive evidence to support the misdeclaration charge, the reliability of the appellants' records, and the inadequacy of the test reports provided by the Department.