2007 (3) TMI 495 - AT - Customs

Summary

Issues Involved:
1. Whether the Glass Chatons imported in sixteen consignments were "stock lot" or prime quality.
2. Determination of the correct assessable value of the imported consignments.
3. Legitimacy of the penalties imposed on the importing firm and individuals.

Summary:

Issue 1: Whether the Glass Chatons imported in sixteen consignments were "stock lot" or prime quality.

As per the facts on record, M/s. Mehta Trading House Pvt. Ltd. imported sixteen consignments of Glass Beads and Chatons from M/s. Swarovski, Austria, declaring them as "stock lot." The Commissioner observed that all previous clearances were effected after thorough examination by customs officers, who accepted the "stock lot" declaration. The Commissioner noted that there was no recovery of any second set of invoices except for the last consignment and no evidence of collusion by the examining officers. The Commissioner concluded that the goods were indeed "stock lot" based on the examination reports and the absence of any samples drawn for further examination. The Tribunal upheld this finding, agreeing that the goods were not of prime quality but were "stock lot."

Issue 2: Determination of the correct assessable value of the imported consignments.

The Commissioner discarded the declared price of 60 ATS per Kg based on the statements of Shri Satish Mehta, who admitted under-valuation and disclosed the actual value of the Glass Chatons imported over the years. The Commissioner calculated the duty based on these disclosures, rejecting the contention that the statements were made under duress. The Tribunal agreed with the Commissioner, noting that the appellants did not produce any records to rebut the disclosed values. The Tribunal also rejected the revenue's plea to use the price list of prime quality goods for determining the value of previous consignments, upholding the Commissioner's decision to base the value on the disclosed statements.

Issue 3: Legitimacy of the penalties imposed on the importing firm and individuals.

The Commissioner imposed a personal penalty of Rs. 2.50 crores on M/s. Mehta Trading House Pvt. Ltd., and additional penalties on Shri Satish B. Mehta and Shri Rakesh S. Mehta. The Tribunal upheld the penalty on the importing firm, finding it justified due to the under-invoicing. However, the Tribunal set aside the penalties on Shri Satish B. Mehta and Shri Rakesh S. Mehta, finding no justification for separate penalties on these individuals.

Conclusion:

The Tribunal rejected the revenue's appeals in totality, confirmed the duty demand and penalty on M/s. Mehta Trading House Pvt. Ltd., and set aside the personal penalties on Shri Satish B. Mehta and Shri Rakesh S. Mehta. All appeals were disposed of accordingly.

(Pronounced in Court 16-3-2007)