2008 (10) TMI 451 - AT - Customs

Quantum of Redemption fine and penalty - import of old/used photocopiers - confiscation - Held that - The goods were second-hand capital goods and the discretionary jurisdiction of authorities under the Customs Act in the matter of determining the quanta of fine and penalty was recognized and it was held that any order of this Tribunal could be interfered with only in circumstances in which it was demonstrated that such order was purely arbitrary, whimsical and resulting in miscarriage of justice. This principle laid down by the High Court has universal application in the sense that it would apply so much to cases of import of photocopier parts as to photocopiers themselves

Summary

Issues:
1. Acceptance of declared value of imported goods by one respondent and enhancement of value for the other.
2. Imposition of redemption fine and penalty on the two respondents.
3. Challenge to confiscation of goods under Section 111(d) of the Customs Act.
4. Applicability of previous judgments on the quanta of fine and penalty for imported goods.

Analysis:
1. The appeals were filed by the Revenue against the order of the Commissioner (Appeals) regarding the acceptance of declared value for one respondent and the enhancement of value for the other. The assessable values of the goods were fixed at Rs. 5,01,086/- and Rs. 9,21,330/- for the respective respondents. The Revenue contested the acceptance of declared value and sought restoration of the fine and penalty imposed by the original authority. The respondents argued that the imported goods were parts of photocopiers, not second-hand photocopiers, and thus not liable for confiscation under Section 111(d) of the Customs Act. The Tribunal noted that the assessable values were justified, and no valid grounds supported the Revenue's plea for enhancement. The decision of the Commissioner (Appeals) regarding confiscation was not challenged by the respondents.

2. The Tribunal referred to a previous case involving old/used photocopiers and the quanta of fine and penalty imposed. The High Court upheld the decision that fine and penalty should not exceed 15% and 5% of the value of the goods. The Tribunal rejected the attempt to distinguish the previous case, emphasizing that the principle applied universally to cases of import of photocopier parts as well. As no other court decision was presented to challenge this principle, the Tribunal enhanced the fine and penalty for both respondents to Rs. 2.25 lakhs and Rs. 75,000, and Rs. 1.35 lakhs and Rs. 45,000, respectively. The impugned order of the Commissioner (Appeals) was sustained, and the appeals were disposed of accordingly.