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- Appeal against order vacating show cause notice for confiscation of polyester fabrics and imposition of penalty on the exporter under the DEEC scheme. Analysis: The appeal before the Appellate Tribunal CESTAT, Mumbai involved a challenge against the order of the Commissioner of Customs, Mumbai, which had vacated the show cause notice for confiscation of polyester fabrics and the proposal for imposing a penalty on the exporter under the Duty Exemption Entitlement Certificate (DEEC) scheme. The show cause notice was issued to the exporters alleging deliberate misdeclaration of goods with a mala fide intention to fulfill export obligations under the DEEC scheme by exporting a lesser quantity and obtaining a higher import entitlement. During the hearing, the ld. SDR represented the appellant, while no one appeared for the respondent despite notice. The Tribunal noted that the DEEC benefit is limited to the actual quantity of export. In this context, the Tribunal referred to a precedent set by the case of Shilpi Exports v. Collector of Customs, Calcutta, where it was held that Section 113(d) of the Customs Act was not applicable as the export goods were not prohibited and therefore not liable for confiscation or penalty. This decision was subsequently upheld by the Apex Court upon appeal by the Revenue. Based on the precedent and legal interpretation, the Tribunal concluded that there was no justification for interfering with the impugned order that dropped the proposal for confiscation of goods and imposition of penalties on the exporters. Consequently, the Tribunal upheld the decision of the Commissioner of Customs, Mumbai, and dismissed the appeal brought by the Revenue. The judgment serves as a significant legal interpretation regarding the applicability of penalties and confiscation in cases involving export obligations under the DEEC scheme, providing clarity on the legal framework governing such matters.
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