9911796707
|
Home
Issues:
1. Confiscation of imported goods with redemption option, duty confirmation, interest calculation, and penalty imposition under Customs Act. 2. Availing exemption under Notification No. 64/88 for imported goods and failure to fulfill specified conditions. 3. Invocation of Section 28 of the Customs Act for breach of exemption conditions. 4. Contention on redemption fine, duty amount, interest, and penalty imposed. 5. Reduction of penalty amount imposed by the Commissioner. Issue 1: Confiscation, Duty Confirmation, Interest, and Penalty: The appeal was filed against an order confiscating imported goods with redemption option, confirming duty under Section 28 of the Customs Act, calculating interest at 20% per annum, and imposing a penalty under Section 114A. The Commissioner's order included a fine of Rs. 2,00,000, duty of Rs. 7,77,199, interest of Rs. 8,84,085, and a penalty of Rs. 16,61,284 on the appellants. Issue 2: Availing Exemption under Notification No. 64/88: The appellants imported hospital equipment under exemption Notification No. 64/88 but failed to fulfill the specified conditions, including installation and functioning within the stipulated period. Despite availing duty-free clearance, they did not provide the required certificates and undertakings, leading to a show cause notice for confiscation, duty recovery, and penalty imposition. Issue 3: Invocation of Section 28 of the Customs Act: The appellants argued that Section 28 of the Customs Act could not be invoked over 5 years after clearance. However, the Commissioner relied on legal precedent, including the obligation imposed by exemption notifications, to justify the duty confirmation based on the continuing obligations of importers. Issue 4: Contention on Redemption Fine, Duty, Interest, and Penalty: The Counsel contested the redemption fine of Rs. 2,00,000 as excessive, but the Tribunal found it appropriate considering the imported goods' value. The duty amount, interest calculation, and penalty imposition were upheld as legally justified, with the penalty amount being reduced from Rs. 16,61,284 to Rs. 8,00,000 due to the circumstances of the case. Issue 5: Reduction of Penalty Amount: The Tribunal upheld the Commissioner's order, except for modifying the penalty amount, which was reduced to Rs. 8,00,000. The appellants' appeal was dismissed, affirming the duty payment, interest calculation, and penalty imposition while adjusting the penalty amount based on the case's merits. This detailed analysis of the judgment covers the issues of confiscation, duty confirmation, exemption conditions, invocation of Customs Act sections, and the Tribunal's decision on the redemption fine, duty amount, interest, and penalty imposed.
|
