1999 (12) TMI 570 - AT - Customs

Classification of Video Cassette Housing; Redemption fine remanded; Appeal rejection & partial allowance.

COMMISSIONER OF CUSTOMS, CHENNAI Versus POOJA EXPORTS (INDIA)

The Tribunal classified Video Cassette Housing under Heading 3923.40, allowing free import. The CD Jewel Box's redemption fine was remanded for ... Classification - Import policy - Redemption fine, margin of profit Issues: Classification of Video Cassette Housing under Customs Tariff Act and ITC (HS), classification of CD Jewel Box, quantum of redemption fine on CD Jewel BoxClassification of Video Cassette Housing:The dispute revolved around the classification of Video Cassette Housing under the Customs Tariff Act and ITC (HS). The Revenue contended for classification under Heading 392310.01, requiring an import license, while the respondents argued for classification under Heading 3923.40, allowing free import. The Tribunal noted that up to the six-digit level, there was alignment between the Customs Tariff and ITC (HS). However, at the eight-digit level, a specific description in ITC (HS) was not present in the Customs Tariff. The Tribunal relied on the HSN Explanatory Notes and found that the item fell under 3923.40, as it constituted 'spools, cops, bobbins and similar supports.' The Tribunal concluded that the Video Cassette Housing should be classified under 3923.40, allowing free import, in line with the Order-in-Appeal.Classification of CD Jewel Box:Regarding the CD Jewel Box, the Revenue contested the reduction of the redemption fine to Rs. 1,50,000, arguing that the decision lacked a proper basis. The Tribunal agreed with the Revenue, noting that the Order-in-Appeal did not provide a detailed explanation for the reduction. Consequently, the Tribunal decided to remand the matter to the original authority for a reconsideration of the redemption fine, emphasizing the importance of considering the margin of profit involved in the case.Judgment and Conclusion:After thorough analysis, the Tribunal modified the Orders-in-Appeal concerning M/s. Pooja Exports (India) by setting aside the fine on the CD Jewel Box and remanding the issue for a fresh determination of the redemption fine. The Tribunal directed the original authority to complete the proceedings within three months. The appeal of the Revenue against M/s. Delhi International was rejected, while the appeal concerning M/s. Pooja Exports (India) was partially allowed, specifically addressing the issue of the redemption fine on the CD Jewel Box.