2000 (7) TMI 271 - AT - Customs

Judge orders reconsideration by Commissioner (Appeals) for appellant as manufacturer and user of imported goods

LML LIMITED Versus COMMISSIONER OF CUSTOMS, MUMBAI

LML LIMITED Versus COMMISSIONER OF CUSTOMS, MUMBAI - 2000 (120) E.L.T. 410 (Tribunal) Issues:- Whether the imported goods fall under the restricted category of import or allowed import without any import license.Analysis:The appellant imported various items such as scooter components, detachable luggage box, and name plates made of metal and plastic. The main contention was whether these items fell under the restricted category of import or were allowed without an import license. The appellant argued that the goods did not fall under the restricted category and should be covered under the Open General License (OGL) as parts of motor vehicles. They emphasized that the lower authority should have followed the Import-Export Policy effective from a specific date, considering the appellant's status as an actual user/manufacturer. The appellant's representative highlighted that the imported goods were parts and accessories of motor vehicles falling under specific tariff headings. They argued that these goods were raw materials for the manufacturing process and did not require a license for import. The appellant referred to previous tribunal orders in their favor and contended that the eligibility to import goods should be guided by the Export-Import Policy rather than the ITC Classification or Customs Tariff classification.The Revenue, represented by the JDR, argued that the imported items were restricted and required a license for import. They referred to relevant pages of the ITC classification to support their claim. The Revenue contended that the decisions relied upon by the appellant were not applicable to the current case. The JDR highlighted that there was no evidence to show whether the tribunal orders cited by the appellant were presented before the first Appellate Authority.After considering the arguments presented, the judge noted that the definition of consumer goods, raw materials, and capital goods as per the Import Policy was crucial in determining the nature of the imported items. The judge observed that the appellant was a manufacturer of scooters and an actual user of the goods. Referring to a previous tribunal order in favor of the appellant, the judge concluded that the matter needed to be reconsidered by the concerned Commissioner (Appeals). Therefore, the judge remanded the case for further consideration in light of the tribunal's previous decisions and ordered a fresh decision to be made after providing an opportunity to the party. Consequently, all four appeals were disposed of accordingly.