2003 (12) TMI 461 - AT - Customs

Summary

Issues:
1. Excess quantity of imported goods detected during a second check.
2. Confiscation of entire consignment under Section 111(m) of the Customs Act.
3. Imposition of redemption fine and penalty by the Commissioner of Customs.

Analysis:

1. The appellants imported Integrated Circuits under an Advance Licence and claimed exemption under Notification No. 47/2002-Cus. An excess quantity of 1512 pieces was detected during a second check, leading to the waiver of a show cause notice and payment of a redemption fine of Rs. 2.5 lakhs. Additionally, a penalty of Rs. 2 lakhs was imposed under Section 112(a) of the Customs Act.

2. The Commissioner ordered the confiscation of the entire consignment under Section 111(m) of the Customs Act, despite the fact that a portion of the goods had been lawfully imported under the DEEC Scheme. The Tribunal found this approach erroneous as only the excess quantity should have been liable for confiscation. The order of confiscation in relation to the lawfully imported goods was set aside, and the redemption fine was reduced to Rs. 1.25 lakhs.

3. Regarding the penalty imposed under Section 112(a) of the Customs Act, the Tribunal noted that the penalty was based on the erroneous premise that the entire consignment was liable for confiscation. Since only the excess quantity was at fault, the penalty was reduced to Rs. 1 lakh. The impugned order was set aside to the extent of the modifications made by the Tribunal, thereby disposing of the appeal.

This detailed analysis of the judgment highlights the issues related to the excess quantity of imported goods, confiscation under Section 111(m) of the Customs Act, and the imposition of redemption fine and penalty by the Commissioner of Customs. The Tribunal corrected the errors in the Commissioner's order, ensuring that penalties and fines were proportionate to the actual violations committed by the appellants.