2005 (1) TMI 463 - AT - Customs

Summary

Issues:
1. Imposition of customs duty on imported SIM cards.
2. Penalty imposition under Section 112 of the Customs Act on the importer and courier.

Analysis:

Issue 1: Imposition of customs duty on imported SIM cards
The case involved the importation of SIM cards by M/s. Modi Telstra Pvt. Ltd., declared as documents of no commercial value, which later were found to be dutiable. The Customs Commissioner confirmed the duty and imposed penalties on both the importer and the courier, M/s. DHL Worldwide Express. The importer voluntarily paid the duty upon realizing the mistake post-clearance. The Tribunal noted that the importer acted in good faith by paying the duty owed to the government, and it was unclear why a penalty was imposed on them. The Tribunal observed that the mistake was on both sides, and since the importer rectified the error by paying the duty, no penalty was deemed necessary. The Tribunal highlighted that the importer's actions demonstrated their bona fides, and in such circumstances, no penalty was warranted.

Issue 2: Penalty imposition under Section 112 of the Customs Act on the importer and courier
Regarding the penalty imposed under Section 112 of the Customs Act on the courier, M/s. DHL Worldwide Express, the Tribunal found that the courier had submitted the documents as received from the sender. The Tribunal noted that the Air Way Bills contained descriptions of the goods, and the customs authorities examining the documents should have noticed these descriptions. The Tribunal concluded that the courier did not have any intention to abet the offense and merely presented the parcels along with the documents to the Customs. As a result, the Tribunal held that no penalty should be imposed on the courier. Ultimately, the Tribunal allowed both appeals, setting aside the penalties imposed on the importer and the courier, as they found no grounds for penalty imposition based on the circumstances and actions of the parties involved.