Difference in the data of the Ministry of Commerce and information provided by Customs

Background

The appellant sought information on quantity and value of Potassium Chloride imported from OMAN through Mundra port during the period from 1.4.2009 to 31.3.2010 indicating quantity and value under ITC (HS) Code: 31042000. The Public Information Officer (PIO) informed that there was no import of the said item during the said period. The appellant submitted a copy of India’s Import under ITC (HS) Code 31042000 during 2009-10 obtained from the Directorate General of Commercial Intelligence & Statistics (Ministry of Commerce) showing import from OMAN through the Mundra Port and requested to furnish correct information. The First Appellate Authority (FAA) rejected the appeal with the observation that the importer had declared the items under ITC (HS) 31042000 i.e. Potassium Chloride but the same was assessed under ITC (HS) 31021000 as Bulk Granular Urea as per data retrieved from Indian Customs EDI System.

View of CIC

The appellant argued that the information provided to him was false and not correct. The Central Information Commission (CIC) held that it was incorrect to allege that the information furnished was false and misleading. The Commission disposed the appeal observing that requisite information as per record and permissible under the RTI Act has been provided to the appellant.

Citation: Mr. A. Ramanathan v. Office of the Commissioner of Customs in Case No. CIC/SS/A/2011/001739