2005 (3) TMI 599 - AT - Customs

Summary

Issues:
1. Confiscation and enhancement of value of imported computer parts
2. Quantum of fine and penalty imposed
3. Involvement and penalties of individuals in the case

Analysis:
1. The Tribunal addressed the issue of confiscation and enhancement of value of the imported computer parts by M/s. Abhishek Electronics. The Commissioner of Customs had confiscated the goods with an option to redeem them on payment of fines and had enhanced the value of the items. M/s. Abhishek Electronics did not contest the confiscation and value enhancement but sought leniency in the quantum of fine and penalty. The Tribunal, considering the facts, reduced the fines from Rs. 3 lakhs to Rs. 50,000 and from Rs. 7 lakhs to Rs. 1.5 lakhs. Additionally, the penalty on the proprietor was reduced to Rs. 2 lakhs.

2. Regarding the penalties imposed on individuals involved in the case, the Tribunal analyzed the statements and actions of Shri Kishori Lal and Shri Rajesh Kumar. Shri Kishori Lal's involvement in the clearance of the parcels without assessment to any duty was established through statements and implications made by others. Despite attempts to defend his actions, the Tribunal found the penalty justified but reduced it to Rs. 25,000 considering the circumstances. In the case of Shri Rajesh Kumar, his penalty was sustained based on statements and implications, and it was reduced to Rs. 15,000 due to the overall context of the situation.

3. The Tribunal further examined the penalty on Vishnu Kumar, a Sorting Assistant at Speed Post Centre. Vishnu Kumar's involvement was found to be minimal as he only informed Kishori Lal about the arrival of the parcels due to their friendship. Kishori Lal's statement did not implicate Vishnu Kumar in any significant way. Therefore, the penalty on Vishnu Kumar was set aside, and his appeal was allowed in full.

In conclusion, the Tribunal partly allowed the appeals of M/s. Abhishek Electronics, Kishori Lal, and Rajesh Kumar by reducing their fines and penalties. The appeal of Vishnu Kumar was allowed entirely. The decision was announced in open court on 28-3-2005.