2007 (4) TMI 490 - AT - Customs

Summary

Issues:
1. Imposition of penalty on imported second-hand machines under Customs Act.
2. Non-imposition of penalty by the Commissioner.
3. Appeal against the Commissioner's order.

Issue 1: Imposition of Penalty on Imported Second-hand Machines under Customs Act:
The appeal filed by the department sought to impose a penalty on the respondents for importing two second-hand machines without the required specific license under the EXIM Policy. The machines were initially cleared based on documents indicating a shipment date prior to the policy restriction date. However, it was later discovered that the goods were actually shipped after the restriction date. The authorities seized the machines for investigation under Section 111 of the Customs Act, which allows for confiscation of goods imported without proper authorization. The Commissioner of Customs confiscated the machines with an option for redemption upon payment of a fine but did not impose a penalty on the party, citing lack of evidence of deliberate manipulation in the documentation.

Issue 2: Non-imposition of Penalty by the Commissioner:
The department appealed against the Commissioner's decision not to impose a penalty on the respondents under Sections 112(a) or 114A of the Customs Act. The appellant argued that a penalty should have been imposed based on the findings of the case. However, the Commissioner had previously shown leniency by not penalizing the importer due to the absence of evidence indicating intentional manipulation in the Bill of Lading. The department's plea to impose a penalty was not supported by the evidence presented, as there was no clear indication that the party had rendered the goods liable for confiscation or that any duty determination had been made under Section 28(2) of the Act.

Issue 3: Appeal Against the Commissioner's Order:
The department's appeal aimed to have a penalty imposed on the respondents under relevant sections of the Customs Act. However, the Tribunal dismissed the appeal, stating that there was no substantiated case for imposing a penalty on the importer. The Tribunal highlighted the necessity of specific findings to justify the imposition of penalties under the relevant sections of the Act. As a result, the appeal was rejected, affirming the Commissioner's decision not to penalize the party for the imported second-hand machines.

In conclusion, the Tribunal upheld the Commissioner's decision and dismissed the appeal, emphasizing the importance of establishing clear grounds for imposing penalties under the Customs Act. The judgment underscored the need for concrete evidence of deliberate wrongdoing to justify penalties in cases of customs violations.