2002 (4) TMI 772 - AT - Customs

Issues:
1. Confiscation of goods under Section 111(m) of Customs Act.
2. Imposition of penalty.
3. Provisional assessment based on US $ 375/mt CIF.
4. Acceptance of special import license for fresh garlic.
5. Redemption fine and penalty.
6. Valuation of goods.
7. Remand for de novo consideration.

Confiscation of Goods under Section 111(m) of Customs Act:
The Commissioner of Customs, Chennai adjudicated on individual bill of entry and ordered the confiscation of goods under Section 111(m) of the Customs Act. However, the Commissioner accepted a specific import license for importing fresh garlic, leading to the argument that no offense under Section 111(d) was attracted. The Tribunal, citing a previous judgment, set aside the redemption fine and penalty, emphasizing that once a special license is produced before the clearance of goods, no penalty should be imposed. The Tribunal remanded the matter for de novo consideration, allowing the importer to contest the valuation.

Imposition of Penalty:
The Commissioner imposed penalties in each respective order despite accepting the special import license for fresh garlic. The Tribunal, following precedent, set aside the redemption fine and penalty, stating that penalties should not be imposed when a valid import license is produced before the clearance of goods. The matter was remanded for de novo consideration regarding valuation, allowing the importer to contest the assessment.

Provisional Assessment based on US $ 375/mt CIF:
The Commissioner's assessment was provisional, adopting US $ 375/mt CIF, pending finalization after providing the assessee an opportunity for a hearing. The Tribunal set aside the redemption fine and penalty, remanding the matter for de novo consideration of valuation, ensuring the importer's right to contest the assessment.

Acceptance of Special Import License for Fresh Garlic:
The Tribunal highlighted the acceptance of a specific import license for fresh garlic by the Commissioner, leading to the conclusion that no penalty should be imposed when a valid import license is produced before the clearance of goods. The Tribunal set aside the redemption fine and penalty, remanding the matter for de novo consideration of valuation, allowing the importer to contest the assessment.

Redemption Fine and Penalty:
The Tribunal set aside the redemption fine and penalty imposed by the Commissioner, emphasizing that penalties should not be imposed when a valid import license is produced before the clearance of goods. The matter was remanded for de novo consideration of valuation, providing the importer with an opportunity to contest the assessment.

Valuation of Goods:
The Tribunal remanded the matter for de novo consideration of valuation, allowing the importer to contest the assessment. The Commissioner's adoption of a price was subject to the importer's right to contest the valuation. The Tribunal set aside the redemption fine and penalty, emphasizing the need for a fair assessment process.

Remand for De Novo Consideration:
The Tribunal remanded the matter for de novo consideration in respect of valuation, ensuring that the assessment authority finalizes the valuation after providing the importer with an opportunity to contest the assessment. The redemption fine and penalty were set aside, and the appeals were allowed under the specified terms, emphasizing a fair and just assessment process.

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