2005 (9) TMI 537 - AT - Customs

Summary

Issues Involved:
1. Seizure of branded cigarettes believed to be smuggled goods.
2. Claim for Mahazar value on the grounds of non-notified goods and purchase from the local market.
3. Burden of proof on smuggling in case of goods bearing a foreign brand.

Analysis:

Issue 1: Seizure of branded cigarettes believed to be smuggled goods
The appeal stemmed from the seizure of branded cigarettes of Bangladesh origin in Calcutta, brought to Mysore by courier, and subsequently seized on suspicion of being smuggled goods. The Department had already sold the goods for a specific value. The appellant contended that the goods were non-notified and legally importable, purchased from the local market in Calcutta, not as smuggled goods.

Issue 2: Claim for Mahazar value on the grounds of non-notified goods and purchase from the local market
The appellant argued for the Mahazar value, citing precedents where similar cases were decided in favor of the appellant due to the non-notified nature of the goods and the lack of proof of smuggling. The Tribunal had previously ordered re-assessment of the Mahazar value in such cases, emphasizing the need for the Revenue to prove the smuggling aspect.

Issue 3: Burden of proof on smuggling in case of goods bearing a foreign brand
The Revenue contended that the burden of proof shifted to the customer when goods bore a foreign brand, implying potential smuggling. However, the Tribunal noted that the appellant, a businessman, had purchased the goods from the local market in Calcutta based on affordability, not as smuggled items. The absence of an admission regarding smuggling, coupled with the non-notified status of the goods, led to the conclusion that the goods were not to be confiscated. The appellant was entitled to the Mahazar value, and the Revenue was directed to reimburse it within three months.

In conclusion, the Tribunal allowed the appeal, emphasizing the need for the Revenue to establish the burden of smuggling in cases involving non-notified goods purchased from the local market, ultimately ruling in favor of the appellant's claim for the Mahazar value.