2003 (8) TMI 347 - AT - Customs

Smuggling - Non-notified goods - Confiscation of goods - Demand - Territorial jurisdiction - Dutiability - Duty liability - Smuggling - Non-notified goods - Proof -

Issues Involved:

1. Confiscation of seized raw silk/silk yarn under Section 111(d) of the Customs Act, 1962.
2. Confiscation of packing material under Section 118 of the Customs Act, 1962.
3. Demand of customs duty along with interest on the seized and previously received bales of smuggled silk yarn under Section 28(1) read with Section 28AB of the Customs Act, 1962.
4. Adjustment of deposited amount towards customs duties, fines, penalties, and interest.
5. Imposition of penalties under Section 112 of the Customs Act, 1962.

Issue-Wise Analysis:

1. Confiscation of Seized Raw Silk/Silk Yarn:

The show cause notice alleged that 25 bales of raw silk yarn of Chinese origin, weighing 1569.40 Kgs. and valued at Rs. 23,54,100/-, were smuggled into India. The goods were transported without importation documents, misdeclared as old waste/cloth chindi, and the consignors and consignees were fictitious. The goods were seized at the godown of M/s. Deluxe Roadlines Pvt. Ltd., Bangalore, and were found to be mulberry raw silk (MRS) yarn of foreign origin. The Commissioner ordered the confiscation of these goods under Section 111(d) of the Customs Act, 1962, with an option to redeem them on payment of a redemption fine of Rs. 5,00,000/- under Section 125 of the Customs Act, 1962. However, the Tribunal found that MRS yarn is not notified under Section 123 of the Customs Act, 1962, and the burden of proof that the goods were smuggled lies on the Department. The Department failed to conclusively prove the illicit importation and clearance of the goods through Calcutta port. Therefore, the order of confiscation was set aside, and the matter was remanded for further investigation.

2. Confiscation of Packing Material:

The packing materials, including gunny bags and cloth bags used for packing the seized goods, were confiscated under Section 118 of the Customs Act, 1962. This decision was upheld as the materials were used to conceal the smuggled goods.

3. Demand of Customs Duty Along with Interest:

The Commissioner demanded customs duty along with interest on the seized and previously received bales of smuggled silk yarn from Shri Vikram Jain and Shri Ashok Kumar Shroff under Section 28(1) read with Section 28AB of the Customs Act, 1962. The duties were calculated based on the weight and value of the goods. However, the Tribunal found that the duty demand could not be upheld as the goods were only in transit through Bangalore, and the persons handling the goods in transit cannot be held liable for customs duty. The duty demand was set aside, and the matter was remanded for further investigation.

4. Adjustment of Deposited Amount:

An amount of Rs. 11 lakhs deposited by Shri Vikram Jain was appropriated towards customs duty, interest, and penalty. This decision was not specifically addressed in the Tribunal's findings, but it is implied that the adjustment would be reconsidered in the remand proceedings.

5. Imposition of Penalties:

Penalties were imposed on various individuals under Section 112(b) of the Customs Act, 1962, for their roles in smuggling and subsequent disposal of the subject goods. The Tribunal did not arrive at specific findings on the penalties due to the remand of the case. The penalties would be reconsidered in the remand proceedings.

Conclusion:

The appeals were allowed as remand to the appropriate authority for further investigation and adjudication. The confiscation of the seized goods and the duty demands were set aside due to the Department's failure to conclusively prove the illicit importation and clearance of the goods. The matter was remanded for further investigation to determine the facts and responsibilities accurately.

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