2008 (6) TMI 451 - AT - Customs

100% EOU - Confiscation, redemption fine and penalty - Misdeclaration of value - whether the goods having been held liable for confiscation, the quantum of redemption fine and penalty on the appellant is reasonable or they warrant any modification?

Summary

Issues:
Import of old/used photocopiers, duty-free imports for trading units under EOU Scheme, misdeclaration of goods' value, confiscation under Sections 111(d) and 111(m) of Customs Act, redemption fine, penalty assessment.

Analysis:
The case involved the import of old/used photocopiers by an EOU permitted to set up a trading unit for such activities. The dispute arose when duty-free imports for trading units under the EOU Scheme were withdrawn post a new EXIM Policy in 2002. The Customs Department alleged misdeclaration of goods' description, quantity, and value. The Commissioner of Customs held the imports liable for confiscation under Sections 111(d) and 111(m) of the Customs Act, based on contravention of the EXIM Policy and misdeclaration of value.

Upon appeal, the Tribunal analyzed the provisions of Section 111(d) and found that the imports were not in contravention of the EXIM Policy due to a circular allowing existing trading units to continue until the LOP expiry. Hence, confiscation under Section 111(d) was deemed inappropriate. However, regarding Section 111(m), the Tribunal upheld the misdeclaration of value, as the declared value did not correspond with the appraised value by the Chartered Engineer, making the goods liable for confiscation.

The Tribunal rejected the appellant's argument of good faith in declaring values, citing the Customs Act's requirement for accurate value declaration in the bill of entry. The significant variation between declared and appraised values, ranging from 25% to over 80%, led to the conclusion that the misdeclaration fell under Section 111(m) of the Act, justifying confiscation.

Regarding redemption fine and penalty assessment, the Tribunal found the initial amounts excessive and reduced them to approximately 10% of the value for redemption fine and 20% of the fine for penalties. The modified fines and penalties were set at lower amounts across the appeals, emphasizing the need for these payments in addition to customs duty.

Ultimately, with modifications in redemption fine and penalties, the Tribunal dismissed the appeals, affirming the confiscation of goods and their release upon payment of the revised amounts.

This detailed analysis highlights the key legal aspects, interpretations of relevant provisions, and the final decision reached by the Tribunal in addressing the issues raised in the case.