2006 (10) TMI 309 - AT - Customs

Summary

Issues:
1. Enhanced declaration value of Mobile Batteries and Mobile Circuit Boards
2. Confiscation of goods with redemption fine
3. Imposition of penalty under Section 112(a) of the Customs Act, 1962
4. Alleged non-declaration of Mobile Circuit Boards
5. Discrepancy in declared value and appraiser's valuation
6. Violation of Import Trade Control (ITC) rules
7. Reduction of redemption fine and penalty

Analysis:
1. The Commissioner of Customs enhanced the declaration value of Mobile Batteries and Mobile Circuit Boards, leading to confiscation of goods with a redemption fine and imposition of a penalty under Section 112(a) of the Customs Act, 1962. The appellant's baggage containing the goods was examined at the Airport, where discrepancies were found in the declaration. The appellant maintained that both batteries and circuit boards were declared through a single invoice, challenging the basis for the enhanced value set by the appraiser.

2. The appellant argued that the appraiser's report, which formed the basis for the enhanced value, was not provided to them, and the Commissioner did not justify the valuation method. The appellant contended that the transaction value based on the invoice should be accepted in the absence of contrary evidence. Despite acknowledging the commercial quantity violation of ITC rules, the appellant sought a reduction in the redemption fine and penalty.

3. The Tribunal noted that the appellant declared both batteries and circuit boards for duty payment, as evidenced by the invoice. The adjudicating authority's reliance on the appraiser's valuation without disclosing the underlying rationale was deemed insufficient. Lack of evidence supporting the higher valuation or challenging the accuracy of the appellant's invoice led the Tribunal to uphold the transaction value over the appraiser's assessment.

4. Considering the declared value of Rs. 1 lakh and the baggage rule violation, the Tribunal reduced the redemption fine from Rs. 8 lakhs to Rs. 75,000 and the penalty from Rs. 60 lakhs to Rs. 60,000. The obsolete nature of the electronic goods, coupled with the appellant's failure to clear them, influenced the decision to lower the redemption fine and penalty amounts.

5. The appeal was disposed of on 27-10-06, reflecting the Tribunal's decision to uphold the appellant's declared value, reduce the fines and penalties, and consider the circumstances surrounding the case, including the nature of the goods and the lack of evidence supporting the enhanced valuation.