2004 (11) TMI 415 - AT - Customs

Summary

Issues:
1. Demand of duty and interest under Customs Notification Nos. 30/97 & 31/97
2. Confiscation of inputs and imposition of fine
3. Imposition of penalty under Sections 112(a) and 114A of Customs Act, 1962
4. Misuse of DEEC Notifications and diversion of imported materials

Analysis:
1. The judgment revolves around the demand of duty and interest under Customs Notification Nos. 30/97 & 31/97. The Commissioner demanded a sum of Rs. 29,85,674 towards payment of duty, allowing adjustment of Rs. 19,44,378 already paid by the importers. Interest under the mentioned Customs Notifications was also demanded, with an adjustment of Rs. 8,69,634. The Tribunal confirmed the duty liability due to the importers importing more raw materials than required, reducing the penalty from Rs. 29,85,674 to Rs. 3,00,000 due to mala fide on the appellant's part.

2. The issue of confiscation of inputs and imposition of a fine was addressed in the judgment. The Commissioner had confiscated the inputs under Section 111(o) of the Customs Act, 1962, but as the goods were not available for confiscation, a fine of Rs. 1.00 lakh was imposed. The Tribunal vacated the redemption fine as there was no intentional misdeclaration by the assessee, and the raw material imported under a valid advance license could not be confiscated.

3. The judgment also dealt with the imposition of penalties under Sections 112(a) and 114A of the Customs Act, 1962. A penalty equivalent to the duty amount was imposed under Section 114A due to mala fide on the appellant's part, reduced to Rs. 3,00,000 by the Tribunal. Additionally, a penalty of Rs. 5.00 lakhs imposed on the Managing Director was vacated as there was no personal involvement found.

4. The misuse of DEEC Notifications and diversion of imported materials was a crucial aspect of the case. The investigation revealed that the appellants imported raw materials in excess of actual requirements and misutilized the excess quantity. They also diverted imported materials locally, contravening Customs Act provisions. Despite obtaining advance licenses from DGFT, the appellants were found to misuse the benefits of the Notifications. The Tribunal confirmed the importers' liability for importing more raw materials than required, leading to the duty payment and penalty adjustments as mentioned earlier.