2002 (5) TMI 712 - AT - Customs

Summary

Issues:
Quantification of redemption fines and penalties on imports of rough marble blocks made during 2001-2002.

Analysis:

1. Quantification of Redemption Fines and Penalties:
The Commissioners of Customs passed orders on imports of rough marble blocks, finding them liable for confiscation under various sections of the Customs Act, 1962 and the FTDR Act. The Commissioner determined the market price of the marble blocks based on the price of marble slabs, without providing copies of market enquiries to the importers. The judgment highlighted the lack of evidence for repeated violations of the EXIM Policy and emphasized the need for strict proof in such cases. The Tribunal referred to previous decisions where a redemption fine of 20% of the CIF value and a penalty of 5% under Section 112(a) were deemed appropriate for similar cases. The judgment also discussed the classification of rough marble blocks as 'Basic Material' and the applicable norms for fines, concluding that fines exceeding the norms cannot be approved without valid reasons. The Tribunal considered the need to balance redemption fines to neither benefit importers excessively nor deter them from clearing industrial raw materials.

2. Specific Case Analysis:
The judgment detailed the revised fines and penalties for multiple appellants involved in the case, such as Akash Stone Industries Ltd., Bharat Water Works, Krina Agencies, Marmo Classic, Shiva Corporation, and Stonemann Marble Industries. The fines and penalties were adjusted based on the Tribunal's findings, with penalties remaining unchanged where the original penalties were not appealed for enhancement by the Revenue. The judgment emphasized adherence to the determined redemption fines and penalties in line with the Tribunal's decisions and manual instructions, ensuring a fair and balanced approach in imposing financial obligations on importers.

In conclusion, the judgment by the Appellate Tribunal CEGAT, Mumbai addressed the quantification of redemption fines and penalties on imports of rough marble blocks, emphasizing the need for evidence-based decisions, adherence to manual instructions, and fair imposition of financial obligations on importers. The detailed analysis provided insights into the Tribunal's considerations, previous decisions, and the specific adjustments made for individual appellants in the case.