2008 (10) TMI 413 - AT - Customs

Issues Involved:
1. Revision of assessable value of imported scrap.
2. Denial of duty-free import benefits under Notifications No. 53/97-Cus. and 52/03-Cus.
3. Liability for confiscation of imported scrap.
4. Imposition of penalties on NI and its partners.
5. Confirmation of Central Excise Duty demand.
6. Allegations of misdeclaration and clandestine clearance.

Detailed Analysis:

1. Revision of Assessable Value of Imported Scrap:
The Commissioner revised the assessable value of the imported scrap from Rs. 16,91,53,105/- to Rs. 57,99,49,944/-. This was based on the allegation that NI misdeclared the grade and value of the scrap, making them ineligible for duty-free import benefits.

2. Denial of Duty-Free Import Benefits:
The benefits under Notifications No. 53/97-Cus. and 52/03-Cus. were denied. The customs duty demand of Rs. 27,10,90,863/- was confirmed against NI under Section 28(1) of the Customs Act, along with applicable interest. The denial was due to allegations that NI failed to export the entire production and misdeclared the copper recovery rate, thus violating the EXIM policy provisions.

3. Liability for Confiscation of Imported Scrap:
8458.462 MT of 'Mixed Copper Cable Scrap (Druid)' and 4256.29 MT of 'mixed copper lead cable scrap' (Relays) were held liable for confiscation under Section 111(d), (m) & (o) of the Customs Act. Since the goods were not available for confiscation, a fine of Rs. 30 crores was imposed under Section 125 of the Customs Act.

4. Imposition of Penalties on NI and Its Partners:
Penalties were imposed as follows:
- Rs. 27,10,90,863/- on NI under Section 114A of the Customs Act.
- Rs. 25,95,08,555/- on NI under Section 11AC of the Central Excise Act read with Rule 25(1) of the Central Excise Rules, 2002.
- Rs. 15 crore each on Vinay Jain and Satish Bhalla, and Rs. 5 crore on Sangeeta Bhalla under Rule 26 of the Central Excise Rules, 2002.
- Rs. 27,10,90,863/- each on Vinay Jain, Satish Bhalla, and Sangeeta Bhalla under Section 112 read with Section 114A of the Customs Act, 1962.

5. Confirmation of Central Excise Duty Demand:
The Central Excise Duty demand of Rs. 25,95,08,555/- was confirmed on 5005-452 MTs of copper allegedly manufactured and clandestinely cleared into DTA under Section 11A(1) of the Central Excise Act, along with applicable interest under Section 11AB of the Central Excise Act.

6. Allegations of Misdeclaration and Clandestine Clearance:
The main allegations were that NI misdeclared the grade and value of the imported scrap, underreported copper recovery, and clandestinely cleared the balance quantity of copper scrap without payment of duty. The evidence included printouts of emails, overseas inquiries, statements from involved parties, and test reports showing higher copper content than declared.

Judgment Summary:
The Tribunal found that the Revenue had a strong prima facie case against NI for under-invoicing in the import of copper cable scrap and underreporting copper recovery. The Tribunal directed NI to deposit Rs. 15 crores within eight weeks, in addition to Rs. 1.5 crores already deposited, for the waiver of the balance amount of duties and penalties. Compliance was to be reported on 19-12-08.

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