2006 (10) TMI 269 - Commissioner - Customs

Summary

Issues: Valuation of imported goods, Confiscation under Section 111(d) of the Customs Act, Imposition of fine and penalty

Valuation of Imported Goods:
The case involved the import of polished marble slabs from China at a declared price of US$ 17 per square meter, which was contested by the lower authority citing a contemporaneous import price of US$ 33 per sq. meter. The appellants argued that similar items were cleared at Nhava Sheva at US$ 22. They provided evidence, including an adjudication order and a bill of entry, to support their claim. The Commissioner found that the valuation should be based on the lower contemporaneous import price of US$ 22 per sq. meter, setting aside the enhancement to US$ 33 per sq. meter.

Confiscation under Section 111(d) of the Customs Act:
The imported goods were confiscated under Section 111(d) of the Customs Act, as the polished marble slabs did not meet the importability criteria set by DGFT Notfn. The appellants were allowed to redeem the goods on payment of a fine of Rs. 9,50,000. The Commissioner confirmed the confiscation due to non-compliance with the import regulations.

Imposition of Fine and Penalty:
In addition to the redemption fine, a penalty of Rs. 3,50,000 was imposed on the appellant under Section 112(a). The Commissioner noted that the lower authority did not provide a rationale for the fine amount, indicating arbitrariness. Considering the appellants' arguments regarding demurrage and detention charges, the Commissioner reduced the redemption fine to Rs. 1,50,000 and the penalty to Rs. 50,000. The decision was influenced by previous judgments setting fine and penalty amounts based on CIF values and the impact of charges on profit margins. The appeal was disposed of with the modified fine and penalty amounts.