2006 (7) TMI 359 - AT - Central Excise

Summary

Issues Involved:
1. Misdeclaration and undervaluation of imported goods.
2. Legality of the Commissioner's actions and findings.
3. Compliance with procedural requirements and valuation rules.
4. Imposition and enhancement of redemption fine and penalties.

Detailed Analysis:

Misdeclaration and Undervaluation of Imported Goods
- The appellant imported photo copier parts in May 2003 and filed a Bill of Entry for assessment and clearance upon payment of duty.
- The Directorate of Revenue Intelligence (DRI) initiated an investigation on grounds of misdeclaration and undervaluation, leading to warehousing and examination of the goods.
- A show cause notice was issued, and the Commissioner of Customs passed an Order-in-Original increasing the CIF value and ordering confiscation under Section 111(m) of the Customs Act, allowing redemption upon payment of a fine and imposing a penalty under Section 112(a).

Legality of the Commissioner's Actions and Findings
- The Tribunal found that the Commissioner, instead of complying with the Tribunal's remand order, acted beyond his jurisdiction by sitting in judgment over the Tribunal's decision.
- The Commissioner's findings were deemed illegal and invalid as they contradicted the Tribunal's directions and lacked corroborative evidence of contemporaneous imports.
- The Commissioner's reliance on price lists and quotations from "Katun" was rejected as such documents cannot be used for re-determination of value under settled law.

Compliance with Procedural Requirements and Valuation Rules
- The Tribunal noted that the Commissioner erred in interpreting Public Notice No. 12/2002, which serves as a directive for smooth clearance and does not entail penal consequences for non-compliance.
- The rejection of the appellant's invoice was found erroneous as the Department's examination confirmed the goods matched the invoice.
- The Tribunal highlighted that the Commissioner failed to follow Section 17 of the Customs Act and did not properly consider contemporaneous import data provided by the appellant.
- The Tribunal emphasized that the transaction value declared by the appellant should have been accepted as there was no evidence of additional payments beyond the declared value.

Imposition and Enhancement of Redemption Fine and Penalties
- The Tribunal held that the Commissioner's enhancement of the redemption fine and penalty in the remand proceedings was illegal and unsustainable.
- It is well settled that penalties and fines cannot be increased in remand proceedings, as supported by precedents such as HCL Ltd. v. Collector of Customs and Maestro Motors Ltd. v. Commissioner of Central Excise.
- The Tribunal concluded that the Commissioner's order to confiscate the goods and impose fines and penalties was untenable.

Conclusion
- The appeal was allowed, and the impugned order was set aside.
- The Customs Authorities were directed to assess the Bill of Entry based on the declared value and classification, providing consequential relief to the appellant.

(Pronounced in Court on 4-7-2006)