2004 (3) TMI 531 - AT - Customs

Summary

Issues:
Violation of Exim Policy in importing diagnostic chemicals through courier mode without an appropriate license; Confiscation of goods with an option to redeem on payment of fine and imposition of penalty; Appeal against the order-in-original rejected; Appeal before the Tribunal challenging the impugned order-in-appeal.

Analysis:
The appellants imported diagnostic chemicals through courier mode, which was not permitted without a proper import license, leading to a violation of the Exim Policy. The goods were confiscated with an option to redeem on payment of a redemption fine of Rs. 30,000/-, and a penalty of Rs. 15,000/- was imposed. The appeal against this order was rejected, prompting the appeal before the Tribunal.

The appellants argued that the overseas supplier mistakenly sent the goods through courier instead of air as instructed. They presented communication to the bank confirming this error and claimed they had no intention to violate the policy, asserting they were regular importers and unaware of the violation. They contended that no penalty should be imposed due to lack of intent.

The judge noted that the appellants did not commit any act leading to the violation, as they had no express knowledge of the supplier's choice to use courier mode. Being regular importers, they did not gain any extra benefit from using courier mode over air cargo. Consequently, the judge found no grounds to uphold the penalty imposed, as the appellants were not at fault.

Regarding confiscation, although the import technically breached Exim policy provisions, the judge deemed it condonable. The importers did not engage in any deceptive practices to circumvent the policy by choosing courier mode, especially when air cargo mode was permissible under the Open General License (OGL). Since no advantage was gained from this technical breach, the judge set aside the order of confiscation.

As a result, the appeal succeeded, and the impugned orders of the lower authorities were overturned, providing consequential relief to the appellants in accordance with the law.