2005 (10) TMI 374 - AT - Customs

Summary

Issues:
1. Whether the goods were prohibited for export and liable to confiscation under Section 113(d) of the Customs Act.
2. Whether the penalty imposed under Section 114 of the Act was justifiable.

Issue 1:
The case involved a dispute where a Shipping Bill was filed for the export of Bangalore Rose Onions, but upon examination, it was found to contain small variety onions as well. The Customs authorities confiscated the entire consignment under Section 113(d) of the Customs Act due to non-compliance with export regulations. The first appellate authority set aside the order, citing a previous Tribunal decision affirmed by the Supreme Court. The Revenue appealed, arguing that restricted goods for export should be considered prohibited, relying on Supreme Court precedents. The respondents contended that unless the Central Government specifically prohibited export, the goods could not be termed prohibited. The Tribunal analyzed the provisions of the Customs Act and the Foreign Trade Act, concluding that the goods were indeed prohibited for export due to non-compliance with regulations. The Tribunal upheld the original authority's decision to confiscate the goods.

Issue 2:
Regarding the penalty imposed under Section 114 of the Customs Act, the Tribunal considered the argument for leniency due to the voluntary withdrawal of the goods. The respondents claimed no mala fide intention and requested a lower fine and penalty. However, the Tribunal clarified that mens rea was not relevant for determining penalties under the Act. It noted that the fine imposed by the original authority was reasonable, considering the value of the confiscated goods. The Tribunal found no grounds to interfere with the penalty imposed, as there were no cross-objections raised. Consequently, the Tribunal set aside the appellate order and restored the original authority's decision, allowing the Revenue's appeal.

This detailed analysis of the judgment highlights the key legal issues, arguments presented by both parties, and the Tribunal's reasoning leading to the final decision.