2007 (7) TMI 547 - AT - Customs

Summary

Issues involved:
1. Alleged illegal import of third country origin goods.
2. Alleged attempted illegal export of Indian origin goods.
3. Contradictory orders by the adjudicating Commissioner.
4. Seizure of Indian goods near Indo Nepal border.
5. Application of Notification No. 50-Customs dated 23-3-80.
6. Specific order absence for appellant Shri Raj Kumar Gupta.

Analysis:

1. The judgment addresses the issue of alleged illegal import of third country origin goods in appeal No. CDM-13/04 and attempted illegal export of Indian origin goods in other cases. The adjudicating Commissioner's contradictory orders regarding the goods in question are highlighted. The appellant Shri Tej Narayan Gupta's case is specifically discussed, where the goods were provisionally released and legally exported to Nepal, leading to the setting aside of the confiscation order.

2. Regarding the seizure of Indian goods near the Indo Nepal border, the appellants disowned the goods, arguing that the Department failed to prove illegal export intentions. The absence of export duty or restrictions on these goods is emphasized. The applicability of Notification No. 50-Customs dated 23-3-80 is challenged, stating that the impugned goods are not specified under Section 11-I, rendering the confiscation basis invalid. The Tribunal sets aside the impugned order for the remaining twelve appellants, clarifying that those disowning the goods have no claim to them.

3. The judgment also deals with appeal No. CDM-15/04 concerning appellant Shri Raj Kumar Gupta, where a specific order was not passed by the Adjudicating Commissioner. Despite the confiscation order, the appellant's claim entitles him to the release of the goods, subject to any competent court orders. The Tribunal allows all 14 appeals based on the outlined terms, ensuring justice and clarity in each case.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, KOLKATA, reflects a thorough examination of the issues raised, the arguments presented by the parties, and the Tribunal's decisions in each instance, ensuring fairness and legal correctness in the resolution of the matters at hand.