2004 (8) TMI 552 - AT - Customs

Summary

Issues:
1. Confiscation of imported diamonds due to forged licenses.
2. Imposition of penalties under Section 112(a) of the Customs Act, 1962.
3. Difference of opinion on waiver of pre-deposit of penalties.

Issue 1: Confiscation of imported diamonds due to forged licenses:
The judgment deals with the confiscation of imported diamonds worth Rs. 5,68,09,916 by M/s. Vijaybhav, M/s. Deepali Exports, and M/s. Pushpak Impex due to the use of forged licenses for clearance. The licenses produced were deemed forged, leading to the confiscation of goods and imposition of penalties on the proprietors under Section 112(a) of the Customs Act, 1962. The clearance of diamonds was only permissible with valid transferred REP licenses, which were not produced, resulting in the confiscation of goods and penalties.

Issue 2: Imposition of penalties under Section 112(a) of the Customs Act, 1962:
The judgment discusses the penalties imposed on various entities for importing rough diamonds with forged licenses. The penalties were imposed on M/s. Kiran Exports, Munjani Brothers, and M/s. D.S. Brothers. However, a member of the tribunal found that the penalties imposed on the proprietary concerns and proprietors were not justified, considering the value of the imported rough diamonds. The member recommended the waiver of pre-deposits for penalties on these entities due to the confiscation of goods and the penalties being a small percentage of the diamond value.

Issue 3: Difference of opinion on waiver of pre-deposit of penalties:
A difference of opinion arose regarding the waiver of pre-deposit of penalties. One member opined that the penalties should be pre-deposited by the entities importing rough diamonds with forged licenses, as the penalties were deemed necessary based on the value of the imported goods. However, another member disagreed, stating that the penalties should be waived due to the confiscation of goods and financial hardships faced by the entities. Ultimately, the majority decision favored the waiver of pre-deposit and stay of penalty recovery based on the findings of a specific member, leading to the allowance of the stay applications.

This detailed analysis of the judgment highlights the issues of confiscation of goods, imposition of penalties, and the differing opinions on the waiver of pre-deposit of penalties in the context of importing rough diamonds with forged licenses.