2003 (2) TMI 284 - AT - Customs

Demand - Export of gem and jewellery - Shortage of diamonds - Confiscation of broken diamonds of 1607.3 cts - Export Oriented Unit - SEEPZ - Import of capital goods

Issues Involved:
1. Demand of customs duty on shortage of gold and diamonds.
2. Confiscation of capital goods and diamonds.
3. Imposition of penalties on the appellants and their partners.
4. Procedural and technical compliance with Customs Notifications and EXIM Policy.

Detailed Analysis:

1. Demand of Customs Duty on Shortage of Gold and Diamonds:
M/s. B.V. Jewels:
- Shortage of Diamonds: The demand of customs duty of Rs. 12,54,80,309/- on 73,730 carats of diamonds was based on a co-relation of individual export shipping bills with each bill of entry. The tribunal found this method flawed as it did not align with the provisions of the relevant exemption notifications or EXIM Policy. The tribunal accepted the appellants' explanation that diamonds, once assorted and mixed, cannot be co-related with individual bills of entry due to natural variations in diamond valuation. Consequently, the demand was set aside.

- Capital Goods: The duty of Rs. 39,39,813/- on capital goods valued at Rs. 58,34,698/- found missing was also set aside. The tribunal noted that the goods were installed or used within the SEEPZ zone, fulfilling the conditions of the relevant notifications.

M/s. B.V. Star:
- Gold and Diamonds: The demand of Rs. 23,65,652/- on 8,604.5 grams of gold and Rs. 11,84,372/- on 844.16 carats of diamonds was set aside. The tribunal found that the stock-taking mixed up the stocks of both M/s. B.V. Star and M/s. B.V. Jewels, and the expected recovery percentages used were not based on any concrete evidence.

- Capital Goods: The demand of Rs. 2,22,40,876/- on capital goods was also set aside. The tribunal noted that the machinery was used within the SEEPZ zone for manufacturing jewelry for export, which complied with the conditions of the relevant notifications.

2. Confiscation of Capital Goods and Diamonds:
M/s. B.V. Jewels:
- Broken Diamonds: The confiscation of 1,607.3 carats of broken diamonds was set aside as the tribunal found the stock-taking process flawed and noted that the diamonds were legitimately part of the appellants' stock.

- High-Value Diamonds: The confiscation of 23 pieces of high-value diamonds was set aside. The tribunal found that the certificates and invoices tallied, and different standards of clarity could account for any discrepancies.

- Diamonds in Semi-Finished Jewelry: The confiscation of diamonds and diamonds studded in semi-finished gold jewelry valued at Rs. 4,03,72,667/- was set aside. The tribunal accepted the appellants' explanation that the diamonds were legitimately imported and available as per records.

- Unaccounted Diamonds Exported: The tribunal set aside the confiscation of unaccounted diamonds exported during 1998-99 and 1999-2000, as the method used to determine the shortage was flawed.

M/s. B.V. Star:
- Capital Goods: The tribunal set aside the confiscation of capital goods valued at Rs. 1,06,37,742/-, noting that the goods were used within the SEEPZ zone for manufacturing jewelry for export, fulfilling the conditions of the relevant notifications.

3. Imposition of Penalties on the Appellants and Their Partners:
- The tribunal set aside the imposition of penalties on both M/s. B.V. Jewels and M/s. B.V. Star and their partners, as the demands and confiscations were found to be unsustainable.

4. Procedural and Technical Compliance with Customs Notifications and EXIM Policy:
- The tribunal noted that both M/s. B.V. Jewels and M/s. B.V. Star had substantially complied with the provisions of the Customs Notifications and EXIM Policy by importing machinery, utilizing it within the SEEPZ zone, and exporting jewelry studded with diamonds. The tribunal emphasized the importance of the primary purpose of the notifications, which is to encourage exports by granting exemptions from customs duty on materials required for producing goods for export.

Conclusion:
The tribunal set aside the impugned order, allowing the appeals of both M/s. B.V. Jewels and M/s. B.V. Star. The tribunal found that the demands of customs duty and confiscations were based on flawed methods and that the appellants had substantially complied with the relevant notifications and policies. Consequently, the penalties imposed on the appellants and their partners were also set aside.

← Previous Next →