1996 (7) TMI 321 - AT - Customs

Tribunal decision: Classification upheld for car parts, mis-declaration found, fresh valuation ordered

The Tribunal upheld the Collector's classification of car tyres, halogen lamps, auto fans, and car coolants as consumer goods. It found mis-declaration of ... Import - OGL Issues Involved:1. Classification of imported goods as 'consumer goods.'2. Mis-declaration of quantity and description.3. Valuation of imported goods.Issue-wise Detailed Analysis:1. Classification of Imported Goods as 'Consumer Goods':The primary issue revolves around whether certain imported items, specifically car tyres, auto fans, halogen lamps, and car coolants, qualify as 'consumer goods' under the 1992-97 Policy. The appellants argued that these items are parts of cars and do not directly satisfy human needs without further processing, hence should not be classified as consumer goods. However, the Collector and the Tribunal held that these items, being finished products, directly satisfy human needs without further processing and thus fall under the category of consumer goods. The Tribunal noted that car tyres, halogen lamps, and auto fans are finished products capable of directly satisfying human needs and do not require further processing. Car coolants were also agreed by the appellants to be consumer goods. Therefore, the Tribunal upheld the Collector's classification of these items as consumer goods.2. Mis-declaration of Quantity and Description:The Tribunal examined the discrepancies in the import documents regarding the description, specification, brand name, and quantity of the imported goods. It was found that in many instances, the import documents contained inadequate or incorrect descriptions, and the quantities declared were erroneous. For example, car tyres were described as 'CAR TYRE RIM SIZE 13'' JAPAN,' but upon examination, they were found to be 'TUBELESS TYRES (JAPAN) 'BRIDGESTONE' STEEL RADIAL TYRE AND RADIAL TYRE.' Similarly, other items like blower motors, drain hoses, and brake shoes were mis-described or had incorrect quantities declared. The Tribunal concluded that the import documents must contain adequate descriptions, including correct specifications and brand names, and upheld the Collector's findings of mis-declaration.3. Valuation of Imported Goods:The valuation of the imported goods was another significant issue. The appellants contended that the transaction value shown in the invoices should be accepted and that the burden of proving otherwise lies with the department. However, the Tribunal noted that due to substantial inadequacies and errors in the descriptions, the transaction value could not be accepted. The Collector had relied on various sources, including market inquiries and comparative invoices, to determine the value. However, the Tribunal found that the Collector's reliance on certain invoices, particularly those related to goods exported to Nepal, was erroneous. The valuation based on these invoices was not lawful as per Rule 8 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, which prohibits valuation based on prices for export to countries other than India. Therefore, the Tribunal set aside the Collector's valuation for several items and directed a fresh determination of value.Summary of Findings:- The Collector was justified in classifying car tyres, halogen lamps, auto fans, and car coolants as consumer goods.- There was mis-declaration of description and quantity in many instances, as found by the Collector.- The valuation of car tyres, brake shoes, halogen lamps, and clutch assemblies based on Nepal invoices was not lawful and needs to be determined afresh.- The valuation of certain items like lower/upper housing with front grill, switch with harness, drain hoses, blower motor with wheels, dryers, heat exchanger, mini horns with valve, gummed paper, auto fans, and car coolants was set aside and needs to be determined afresh.- The valuation of tools by the Collector was confirmed.- The value of Para Fax UF 102-7 and Para Fax Cannon-270-S was reduced to Rs. 20,000 per unit.- The value determined for Para Fax Murata F1 was confirmed.Conclusion:The Tribunal set aside the impugned order and remanded the cases to the jurisdictional Commissioner for fresh disposal in accordance with the law and the findings in this order. The Commissioner was directed to provide the appellants with any further material relied upon for assessing the correct value of goods and to give them an opportunity to furnish additional material regarding valuation. The appeals were allowed in this manner.