2004 (11) TMI 362 - AT - Central Excise

Summary

Issues: Misdeclaration of goods, confiscation, penalty, enhancement of assessable value

Misdeclaration of Goods:
The appellant imported currency counting machines, some with 'OK' stamping units and some without. Upon examination, it was found that the consignment included an equal number of 'OK' stamping machines, contrary to the declaration. The authorities alleged misdeclaration, leading to proceedings against the appellant. The appellant claimed the supplier mistakenly included the stamping units, as confirmed by the supplier's letter addressing the discrepancy in the shipment.

Confiscation and Penalty:
The Commissioner ordered the confiscation of the 'OK' stamping machines and note counting machines used for concealing the stamping machines. The appellant was given the option to redeem the confiscated goods by paying fines within a specified period. Additionally, duties were confirmed on the confiscated machines, and a penalty was imposed on the appellant under relevant sections of the Customs Act, 1962.

Enhancement of Assessable Value:
Apart from confiscation and penalty, the Commissioner enhanced the assessable value of the note counting machines. The appellant contended that the inclusion of stamping units was an unintentional error by the supplier, emphasizing no intent to smuggle them. The appellant argued that the high value of the counting machines compared to the stamping machines indicated no concealment intention. The appellant challenged the Commissioner's decision, citing previous Tribunal orders setting aside similar valuation enhancements.

Judgment:
Upon reviewing the submissions and records, the Tribunal found merit in the appeal. It deemed unreasonable to suggest that a high-value consignment was used to conceal lower-value accessories. The Tribunal accepted the supplier's explanation of the excess supply as a mistake due to past practices. The Tribunal referenced a previous order favoring the appellant on valuation issues. Consequently, the Tribunal set aside the order related to confiscation, penalty, and value enhancement. The counting and stamping machines were to be assessed to duty at their declared values and released to the appellant, granting consequential relief if necessary.