2004 (4) TMI 376 - AT - Customs

Summary

Issues: Revenue challenging dropping of proceedings against Respondents by Commissioner of Customs.

Analysis:
1. The Revenue challenged the dropping of proceedings against the Respondents by the Commissioner of Customs. The case involved allegations that the Respondents exported cheaper quality mosquito nets made from recycled HDPE and over-invoiced the export to obtain a value-based advance license for importing HDPE duty-free under the DEEC scheme. The goods in question were HDPE woven fabrics imported under a bill of entry dated 28-4-1994, which had been previously exported to Nigeria by M/s. Chris Metal Holdings. However, it was found that the export goods were not prohibited, and no DEEC license was obtained. The Respondents did not pursue their license application with the DGFT as the exported goods were re-imported to India and this was communicated to the DGFT.

2. The department alleged misdeclaration of material particulars as to value, contending that the goods were liable to confiscation under Section 113(1) of the Customs Act, 1962. However, it was determined that Section 113(1) pertains to dutiable and prohibited goods rendered for export under claim for drawback, which did not apply in this case as the goods were neither prohibited nor dutiable. The contention that the goods were liable to confiscation under Section 111(m) was also dismissed since there was no duty payable on goods re-imported under Section 20 of the Customs Act, 1962. Therefore, the question of misdeclaration of value did not arise as ruled by the adjudicating authority.

3. As a result, the Tribunal upheld the impugned order and rejected the appeals. It was concluded that since the goods were not liable to confiscation, the Respondents were not liable to penalties under Section 112 or 114 of the Customs Act, 1962. The judgment provided a detailed analysis of the legal provisions and the specific circumstances of the case, leading to the dismissal of the Revenue's challenge against the dropping of proceedings by the Commissioner of Customs.