1987 (12) TMI 311 - AT - Customs

Summary

Issues Involved:
1. Validity of the show cause notice.
2. Jurisdiction of the Collector of Customs, Cochin.
3. Compliance with conditions of Customs Notification No. 117/78.
4. Imposition of penalty under Section 114 of the Customs Act, 1962.

Detailed Analysis:

1. Validity of the Show Cause Notice:
The appellants challenged the validity of the show cause notice issued by the Assistant Collector on 30-6-1986, post the amendment to Section 28 of the Customs Act by the Customs (Amendment) Act, 1985. The amendment necessitated that the show cause notice in cases involving collusion, misstatement, or suppression of facts be issued by the Collector, and the order of adjudication be passed by the Collector. The appellants argued that neither the notice nor the order alleged any suppression of facts or misstatement, making the notice time-barred since the import was effected on 19-1-1984 and the last shipment on 13-4-1984.

2. Jurisdiction of the Collector of Customs, Cochin:
The appellants contended that the Collector of Customs, Cochin had no jurisdiction to demand duty on goods imported at Madras Port. The import and clearance duty-free were granted at Madras, and any claim for exemption from duty was required to be made to the Collector of Customs, Madras. The Cochin Collector assumed jurisdiction without proper authority, as the proper course would have been to report the matter to the Madras Collector.

3. Compliance with Conditions of Customs Notification No. 117/78:
The Collector of Customs, Cochin found that the appellants failed to comply with the conditions specified in Notification No. 117/78. The appellants were alleged to have used locally made corrugated master cartons and Duplex cartons for packing frozen shrimps instead of the imported white cardboard. The Collector rejected the evidence produced by the appellants to show that the imported cardboard was converted into cartons, stating there was no proof that the cartons were made only from the imported material.

4. Imposition of Penalty under Section 114 of the Customs Act, 1962:
The penalty imposed by the Collector was challenged on the grounds that the order did not clearly state the provision under which the penalty was imposed. The show cause notice referred to Section 114, which prescribes penalties for acts or omissions rendering goods liable to confiscation under Section 113. The exported goods were not shown to be under any prohibition, nor were they dutiable or exported under claim for drawback. The penalty was, therefore, found unsustainable as the conditions for imposing it under Section 114 were not met.

Conclusion:
The Tribunal held that the Collector of Customs, Cochin had no jurisdiction to demand duty in the present case, as the import and clearance of goods took place at Madras. Consequently, the demand for duty was set aside. The penalty imposed under Section 114 was also set aside, as the conditions for its imposition were not satisfied. The appeal was allowed, and the impugned order was set aside.