2002 (10) TMI 587 - AT - Customs

Summary

Issues:
1. Imposition of penalty under Section 112 of the Act on the appellant.
2. Allegations of tampering with bills of entry and evasion of interest payment.
3. Application of Section 111(j) for confiscation of goods.
4. Dispute regarding the penalty amount and interest paid by the appellant.

Analysis:
1. The appeal challenged the penalty imposed by the Commissioner under Section 112 of the Act. The appellant imported goods and sought to warehouse them, but discrepancies were found in the dates on bills of entry. The appellant argued lack of direct evidence of tampering and excessive penalty. However, the Tribunal found clear evidence of forgery in the altered dates on bills of entry, indicating evasion of interest payment. The Tribunal concluded that the manipulation was done for the appellant's sole benefit, upholding the penalty.

2. The appellant was accused of tampering with bills of entry to avoid paying interest on duty. The investigation revealed discrepancies in dates on bills of entry, with clear evidence pointing towards forgery. The appellant's representative accepted possession of the bills and attributed the delay to the company's financial situation. The Tribunal determined that the appellant orchestrated the tampering to evade a substantial interest payment, leading to the penalty under Section 112 of the Act.

3. Section 111(j) of the Act pertains to the confiscation of goods removed without proper permission. In this case, the goods were sought to be removed contrary to the terms of permission, as the required interest on duty was not paid. The Tribunal held that the appellant's actions fell within the scope of Section 111(j), justifying the penalty imposed for attempting to evade payment of interest amounting to Rs. 20 lakhs.

4. The appellant disputed the penalty amount and claimed to have paid a significant portion of the interest already. The Tribunal acknowledged the lack of clarity regarding the interest paid and remanded the matter to determine the exact amount paid by the appellant. The Assistant Commissioner was tasked with verifying the payments and deciding on any deficiency in the interest payable, ensuring a fair assessment of the penalty amount.

This judgment highlights the legal consequences of tampering with documents to evade financial obligations, emphasizing the importance of compliance with customs regulations and the repercussions of fraudulent activities in import procedures.