2009 (1) TMI 588 - AT - Customs

Summary

Issues involved: Appeal against order setting aside confiscation of imported goods and penalty.

Classification of imported goods:
The Commissioner (Appeals) ruled against the assessee on the classification of the imported Sawn woods. However, the Commissioner set aside the confiscation and penalty, stating that the goods were described as Rough Sawned Woods in the invoice and all documents, which was consistent with the Bill of Entry. The examination report confirmed that the goods were sawn, and a visual inspection showed that the woods were roughly sawn. The Commissioner emphasized that claiming a particular classification or exemption does not constitute misdeclaration. It was held that in cases of bona fide understanding of the classification of goods, confiscation and penalty are not warranted. The Tribunal supported this view based on precedents and rejected the appeal.

Decision:
The Appellate Tribunal upheld the decision of the Commissioner (Appeals) to set aside the confiscation of imported goods and penalty. It was emphasized that the importer's claim for a specific classification or exemption does not automatically imply misdeclaration. The Tribunal found no merit in the appeal and rejected it accordingly.