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Issues involved:
Appeal against confiscation of goods found in excess under Customs Act, 1962; Remand for de novo consideration of excess quantity with DFRC scheme benefit. Analysis: The appeal challenged the order of the Commissioner of Customs confiscating goods found in excess, offering redemption with a fine and penalty under Section 112(a) of the Customs Act, 1962. The appellant, M/s Taher Impex Private Limited, had filed two bills of entry for polyester woven fabric under the DFRC scheme, but excess quantities were detected during examination. The adjudicating authority ordered confiscation of the excess goods with an option for redemption and imposed penalties. The appellant claimed the excess was due to a genuine mistake and sought remand for de novo consideration, citing precedents allowing the production of fresh licenses post-seizure. The appellant's counsel argued for a fair opportunity to present the fresh licenses during re-adjudication, emphasizing the genuine error and substantial demurrage charges incurred. The respondent contended that any remand should not restrict the adjudicating authority from considering all aspects of the case. After hearing both parties and considering the fresh licenses obtained subsequently, the Tribunal decided to remand the matter for de novo proceedings. The appellants were granted the opportunity to present the fresh transferable DFRC licenses during the personal hearing for a comprehensive reevaluation. The adjudicating authority was directed to consider all issues, impose fines or penalties as necessary, and make informed decisions based on the facts. If the fresh licenses were found genuine, the customs authorities were instructed to clear the goods accordingly. The urgency of the case was highlighted due to the consignment not being fully cleared to date, emphasizing the need for prompt disposal by the adjudicating authority. Ultimately, the appeal was allowed by remand, overturning the impugned order and providing specific directives for further proceedings. In conclusion, the judgment addressed the appeal against confiscation of excess goods under the Customs Act, 1962, and ordered a remand for de novo consideration with the benefit of the DFRC scheme. The decision highlighted the importance of allowing the appellant to present fresh licenses, ensuring a fair opportunity for reevaluation while emphasizing the need for prompt resolution due to the pending consignment clearance.
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