Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Customs Customs + AT Customs - 2005 (7) TMI AT This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2005 (7) TMI 394 - AT - Customs

Issues:
1. Differential demand of duty and imposition of personal penalty on imported goods declared as "Re-mE.L.T.ed Brass Ingots."
2. Confiscation of goods with an option for redemption and imposition of penalty under Section 112(a) of the Customs Act, 1962.
3. Consideration of the appellants' plea regarding wrong shipment and disclosure before Customs detection.
4. Discrepancy in the value of imported copper ingots and its impact on the redemption fine and penalty.

Analysis:
1. The appellants imported goods declared as "Re-mE.L.T.ed Brass Ingots," which were later discovered to be high copper content re-mE.L.T.ed ingots during examination. This led to proceedings for confirming a differential duty demand of Rs. 7,49,255/- and imposition of a personal penalty.

2. The impugned order confiscated the goods with an option for redemption by paying a fine of Rs. 3.00 lakhs and imposed a penalty of Rs. 75,000 under Section 112(a) of the Customs Act, 1962.

3. The appellants contended that they had disclosed the wrong shipment before Customs detection, stating that their suppliers had mistakenly shipped copper ingots instead of brass ingots. They requested leniency based on this disclosure and their clean import record over the previous twenty years.

4. The appellants argued for a reduction in the redemption fine and penalty, highlighting the discrepancy in the value of the copper ingots compared to contemporaneous imports. They claimed to have paid a higher duty amount without contesting the value, suggesting this should be considered in determining the redemption fine and penalty.

5. The Tribunal acknowledged the appellants' disclosure before Customs detection, considering it a bona fide case of wrong shipment. Consequently, the redemption fine was reduced from Rs. 3.00 lakhs to Rs. 1,50,000 and the penalty from Rs. 75,000 to Rs. 50,000. The overall facts and circumstances led to this modification, while the appeal was rejected except for the adjustments in the quantum of redemption fine and penalty.

 

 

 

 

Quick Updates:Latest Updates