2002 (8) TMI 614 - AT - Customs

Summary

Issues:
1. Confiscation of goods and imposition of penalties under the Customs Act, 1962.
2. Denial of natural justice in the adjudication process.
3. Appeal for waiver of pre-deposits of penalties imposed.

Confiscation of Goods and Imposition of Penalties:
The case involved M/s. Radheshyam Exports P. Ltd. filing shipping bills claiming drawback for T-shirts at Rs. 295 per piece, while the DRI officers assessed the market value at Rs. 30.53 per piece. It was revealed that the goods were purchased at lower rates from non-existent entities, leading to inflated values. The Commissioner of Customs (Adjudication) issued Show Cause Notices and ultimately confiscated the T-shirts, rejecting the drawback claim, and imposing penalties under Section 114(I) and (iii) of the Customs Act, 1962, on several individuals and entities involved.

Denial of Natural Justice:
The Commissioner's order was challenged on the grounds of denial of natural justice to three out of five applicants. It was argued that the Commissioner did not consider the common reply filed and the communication regarding personal hearings, leading to an erroneous observation. The Tribunal found that the denial of natural justice rendered the order unsustainable in law. The proceedings were remitted for adjudication de novo to ensure that the applicants receive a fair hearing, with directions for written submissions and timely adjudication.

Appeal for Waiver of Pre-Deposits:
Following the confiscation and penalties imposed, the first named unit and four individuals filed appeals seeking waiver of pre-deposits of penalties. After hearing the counsels representing the appellants, the Tribunal found merit in the argument that the denial of natural justice tainted the order. Consequently, the appeals were allowed, and the proceedings were remitted for fresh adjudication to uphold the principles of natural justice. The appellants were granted the opportunity to make further written submissions, with a directive for timely adjudication by the jurisdictional adjudicating officer.