1998 (4) TMI 225 - AT - Customs

Tribunal Overturns Confiscation of Imported Goods Due to Mutilation Standards Discrepancy

ANZ OVERSEAS Versus COMMISSIONER OF CUSTOMS, CHENNAI

ANZ OVERSEAS Versus COMMISSIONER OF CUSTOMS, CHENNAI - 1998 (102) E.L.T. 670 (Tribunal) Issues:1. Confiscation of imported goods under Customs Act.2. Requirement of specific license for imported goods.3. Compliance with standards of completely pre-mutilated rags.4. Interpretation of Public Notice No. 146/88.5. Applicability of previous judgments on similar cases.Confiscation of Imported Goods under Customs Act:The appeal arose from an order confirming the confiscation of goods imported under a Bill of Entry, with an option for redemption on payment of a fine. The goods were declared as 'Old Woollen Synthetic Rags' but found to be 'Pre-mutilated Rags (Trousers).' The authorities held that the goods did not meet the standards of being 'completely pre-mutilated,' leading to the confiscation order and imposition of penalties.Requirement of Specific License for Imported Goods:The department concluded that the imported goods required a specific license as per the Handbook of Procedures and ITC (HSN) aligned classification. The importer's submissions, including being actual users with SSI registration and the goods conforming to international standards for shoddy yarn, were not accepted by the authorities.Compliance with Standards of Completely Pre-Mutilated Rags:The Additional Commissioner found that the goods were capable of being cleaned and re-used, thus requiring further mutilation. Since the importers did not agree to further mutilation, the goods were deemed not meeting the standards of 'completely pre-mutilated rags,' leading to the confiscation order upheld by the Commissioner (Appeals).Interpretation of Public Notice No. 146/88:The appeal argued against the reliance on Public Notice No. 146/88, citing a judgment that questioned the validity of such notices and emphasized a broader interpretation of 'completely pre-mutilated condition.' Previous judgments were also cited to challenge the authorities' interpretation of the public notice.Applicability of Previous Judgments on Similar Cases:The appellant relied on various judgments to support their argument that the goods should be considered as completely mutilated rags, emphasizing the need for a broader interpretation and the lack of specific guidelines for mutilation standards. The Tribunal, considering the precedents and interpretations of relevant laws, allowed the appeal, setting aside the confiscation order.