2007 (6) TMI 480 - AT - Customs

Summary

Issues:
1. Duty demand on excess goods found in a 100% EOU factory.
2. Confiscation and redemption fine imposed on seized goods.
3. Penalty imposed under Section 112 of the Customs Act.

Analysis:

1. Duty Demand on Excess Goods:
The case involved a 100% EOU factory where excess bright yarn was found during a visit by officers, leading to duty demand proceedings under Section 28(1) of the Customs Act. The Addl. Commissioner confirmed a duty demand of Rs. 92,766 and imposed a personal penalty of Rs. 92,000. On appeal, the Commissioner (Appeals) observed that there was no evidence to suggest the goods were of foreign origin, setting aside the duty demand and penalty due to lack of contravention of the Customs Act by the appellants.

2. Confiscation and Redemption Fine:
The seized goods were confiscated with an option for redemption on payment of a fine. The Commissioner (Appeals) upheld the confiscation due to procedural contravention but reduced the redemption fine from Rs. 50,000 to Rs. 20,000. The appellate authority found no grounds to confirm duty against the respondent, as the goods were not proven to be of foreign origin or smuggled, leading to the rejection of the Revenue's appeal.

3. Penalty Imposed Under Section 112:
The penalty imposed under Section 112 of the Customs Act was set aside by the Commissioner (Appeals) and upheld on appeal, as there was no evidence of contravention of the Customs Act by the appellants. The appellate authority's decision was based on the lack of proof that the seized goods were imported yarn, leading to the rejection of the Revenue's appeal against the setting aside of the penalty.

In conclusion, the appellate tribunal upheld the Commissioner (Appeals) decision to set aside the duty demand, penalty, and reduce the redemption fine, as there was no substantiated evidence to prove the goods were of foreign origin or smuggled. The confiscation was upheld based on procedural contravention rather than smuggling grounds, leading to the rejection of the Revenue's appeal.