2003 (1) TMI 109 - SC - Customs

Whether optical disc drives could be imported by the manufacturers or actual users and not by the appellant who is manufacturing radio two-in-ones? Held that - From the facts of the present case it is apparent that appellant having bona fide impression that it was entitled to import the goods in question for its industrial use. It had imported similar goods earlier also. There was no deliberate attempt on its part to import goods against the policy. In this view of the matter it will be appropriate to take a lenient view with regard to imposition of redemption fine and the penalty. Accordingly the appeal is allowed partly. The redemption fine is ordered to be reduced to Rs. 1, 00, 000/- in place of Rs. 3, 00, 000/- and the penalty amount is reduced to Rs. 25, 000/- in place of Rs. 50, 000/-. The appeal stands disposed of accordingly with no order as to costs.

Summary

Issues:
Import of optical disc drives for radio cassette recorders, misdeclaration of goods, confiscation of goods, penalty under Customs Act, proper import license, reduction of penalty and redemption fine.

Analysis:
The appellant imported optical disc drives for radio cassette recorders under Entry Sl. No. 786 (64)(iii) of ITC Import Export Policy 1990-1993. The respondent argued that such imports were restricted to manufacturers or actual users, not to the appellant, who manufactured radio two-in-ones. The Department of Electronics clarified that the scope of radio cassette recorders did not include a combination with CD players. The Additional Collector held the importer liable for misdeclaration and ordered confiscation of goods with a penalty and fine.

The Customs, Excise and Gold (Control) Appellate Tribunal concluded that the goods imported were sub-assembly and CD disc mechanism, not covered under the OGL Entry. While the confiscation was upheld, the Tribunal reduced the penalty and redemption fine considering past imports by the appellant. The appellant contended that it had imported similar goods in 1989 for industrial use without any license restrictions and believed it could import under the OGL, supported by a REP license.

The Supreme Court noted the appellant's bona fide belief in entitlement to import the goods for industrial use, with no deliberate violation of policy. Citing precedent, the Court took a lenient view and partially allowed the appeal, reducing the redemption fine and penalty significantly. The Court emphasized the lack of deliberate intent to violate import policies and the appellant's history of similar imports to justify the reduction in penalties.

In conclusion, the Supreme Court reduced the redemption fine to Rs. 1,00,000 and the penalty to Rs. 25,000, acknowledging the appellant's genuine belief in entitlement to import the goods. The Court disposed of the appeal with no order as to costs, considering the circumstances and the appellant's past conduct in importing similar goods.