1996 (4) TMI 204 - AT - Customs

CEGAT overturns Customs' refund decision on loudspeakers classification

The Appellate Tribunal CEGAT, New Delhi set aside the Collector of Customs (Appeals) Bombay's order allowing a refund application by importers claiming ... Speakers and speaker system - Loud speakers Issues:1. Classification of goods under Tariff Item 33F(ii) of Central Excise Tariff.2. Refund application based on reclassification of goods under Tariff Item 68.3. Interpretation of whether speakers were housed in acoustically designed enclosures.4. Examination of evidence including bill of entry, catalogue, and letters from importers.5. Compliance with parameters of Tariff Item 33F for classification.Analysis:The appeal before the Appellate Tribunal CEGAT, New Delhi involved the classification of goods under Tariff Item 33F(ii) of the Central Excise Tariff. The Department contested an order-in-appeal by the Collector of Customs (Appeals) Bombay, which allowed a refund application by importers claiming reclassification of goods under Tariff Item 68. The dispute centered on whether the goods, loud speakers, were correctly assessed under Tariff Item 33F(ii) for additional duty.The Department argued that the goods were imported as loud speakers and should be classified under Tariff Item 33F(ii). The Collector (Appeals) had set aside the order, stating the speakers were not housed in acoustically designed enclosures. However, the Department contended that the bill of entry indicated otherwise, with samples inspected in the presence of the importer's representative confirming the enclosures. The Tribunal noted discrepancies in the evidence presented, including a catalogue and letters, which did not conclusively establish compliance with the parameters of Tariff Item 33F.Further, the Tribunal observed that the Collector (Appeals) had not considered all relevant characteristics governing Tariff Item 33F(ii) entries. The Tribunal highlighted the specific requirements for classification under Tariff Item 33F(ii), emphasizing that the goods must be housed in enclosures used with specific audio systems. Due to insufficient evidence and incomplete examination at previous stages, the Tribunal set aside the impugned orders and remanded the matter to the Assistant Collector for a fresh adjudication.In the remand, the Assistant Collector was directed to consider all relevant characteristics and parameters of Tariff Item 33F, including a thorough review of the bill of entry and any additional material provided. The Tribunal emphasized the importance of a comprehensive assessment and granting the respondents an opportunity to present relevant evidence before issuing a final decision. Despite the reluctance to remand, the Tribunal deemed it necessary due to the incomplete analysis in previous orders and the need for a detailed examination to determine the correct classification of the imported goods.