2005 (12) TMI 332 - AT - Customs

Summary

Issues:
Confiscation of Automotive Blow Fill Seal Machine under Sections 111(d) and 111(m) of the Customs Act, 1962, imposition of penalty under Section 112(a) of the Customs Act, 1962, interpretation of the term "use" in the context of machinery demonstration, equivalence of old and used goods with second-hand goods, reduction of redemption fine, imposition of penalty on the importer.

Confiscation and Penalty Imposition:
The Commissioner of Customs confiscated the Automotive Blow Fill Seal Machine under Sections 111(d) and 111(m) of the Customs Act, 1962, and imposed a fine of Rs. 15,00,000 along with a penalty of Rs. 2,00,000 on the importer for not having a valid import license due to the machine being second-hand/old and used. The Tribunal referred to the decision of the Hon'ble High Court of Karnataka, which held that demonstration and exhibition of machinery, even for a short time, constitutes use. The Tribunal equated old and used goods with second-hand goods based on previous judgments, upholding the confiscation of the machine. However, considering the circumstances, the Tribunal reduced the redemption fine to Rs. 2,50,000.

Interpretation of "Use" and Equivalence of Goods:
The Tribunal emphasized that using the machine for demonstration to prospective buyers, even for a short period, constitutes use, as per legal precedents. The argument that the machine was only tested was rejected, as trial or demonstration to buyers qualifies as use. Additionally, the Tribunal accepted the equivalence of old and used goods with second-hand goods based on previous cases, supporting the confiscation of the machine.

Reduction of Redemption Fine and Penalty Imposition:
Considering that the goods were not used for commercial purposes and the facts of the case, the Tribunal deemed it inappropriate to impose a penalty on the importer. Therefore, the penalty was set aside. The Tribunal allowed the appeal partially by reducing the redemption fine to Rs. 2,50,000, acknowledging the circumstances and the lack of commercial use of the goods.

In summary, the Appellate Tribunal upheld the confiscation of the machine and the initial imposition of a penalty but reduced the redemption fine and set aside the penalty on the importer due to the non-commercial use of the goods. The decision was based on the interpretation of "use" in the context of machinery demonstration, the equivalence of old and used goods with second-hand goods, and the specific circumstances of the case.