2007 (7) TMI 552 - AT - Central Excise

Summary

Issues: Jurisdiction of Customs Officers, Confiscation of Goods

Jurisdiction of Customs Officers:
The appellant imported goods duty-free under Notification No. 53/97-Cus but later cleared them clandestinely to another unit. The Commissioner (Appeals) set aside the duty demand citing lack of jurisdiction for officers not under the Commissioner of Customs, Ahmedabad. However, the confiscation order was upheld. The Tribunal noted that the goods were seized in Surat, falling under the Ahmedabad Commissionerate's jurisdiction, justifying the seizure and confiscation. Citing precedents, the Tribunal held that jurisdiction extends from the place of clandestine import to the place of seizure, allowing proceedings by officers at the place of seizure. The jurisdictional issue was further supported by Notification No. 15/2002-Cus specifying the jurisdiction of Customs officers in Gujarat. As Surat fell under the Ahmedabad Commissioner's jurisdiction, the confiscation was deemed valid despite the duty and penalty being set aside on technical grounds.

Confiscation of Goods:
The appellant did not dispute that the seized goods were removed from the warehouse in violation of Notification No. 53/97-Cus. The Tribunal, considering the goods liable for confiscation as they were seized in Surat, upheld the redemption fine of Rs. 1 lakh, given the value of the goods at Rs. 10 lakhs. The Tribunal deemed the fine appropriate, especially after setting aside the duty and penalty on technical grounds. Consequently, the appeal against the confiscation order was rejected, affirming the lower authorities' decision.

This judgment clarifies the jurisdictional authority of Customs officers in cases of clandestine removal and the validity of confiscation based on the place of seizure. It underscores the importance of adherence to Customs notifications and regulations, emphasizing the consequences of violating such provisions, even if duty demands are set aside on technicalities.