2008 (7) TMI 742 - AT - Customs

Summary

Issues:
Penalty imposition under Section 112(a) of the Customs Act, confiscation under Section 111, demand of duty under Section 28(1), diversion of imported material, misdeclaration of export goods, contesting show-cause notice, similarity to M/s. Rekha Overseas case, evidentiary support, DRI inspection report consideration, de novo adjudication.

Analysis:
The judgment involves the imposition of penalties under Section 112(a) of the Customs Act, confiscation under Section 111, and demand of duty under Section 28(1) in connection with the diversion of imported Cassia. The appellants, Shri Sashi Prakash Lohia and Shri Sujith Mukund, were penalized based on findings that the imported material was misused, transport documents were forged, and the exported product was misdeclared. The DRI investigation revealed collusion between supporting manufacturers and importers, leading to the imposition of penalties and denial of DEEC benefit.

The appellants contended that their case was similar to M/s. Rekha Overseas, citing evidentiary support in favor of the appellants in that case. However, the tribunal noted the absence of crucial evidence, such as certificates and reports, in the present case. While similarities existed, the lack of specific evidence led to the rejection of the appeal based on the Rekha Overseas precedent.

A significant point raised was the non-consideration of the DRI inspection report by the adjudicating authority. The consultant argued that the report favored the parties but was not provided or considered during the proceedings. Emphasizing the importance of the investigating agency's report, the tribunal agreed that the inspection report should have been taken into account. This oversight warranted a de novo adjudication to ensure fairness and proper consideration of all relevant evidence.

In light of the circumstances, the tribunal ordered a remand for de novo adjudication, directing the Commissioner to provide copies of the DRI inspection report to the parties and allow them a reasonable opportunity to present their case. By setting aside the impugned order against the appellants, the tribunal aimed to ensure a fair and thorough reconsideration of the dispute.