2008 (9) TMI 822 - AT - Customs

Summary

Issues: Allegation of mis-declaration of goods description and imposition of penalties u/s Customs Act

In the case involving M/s. Kawarlal & Co. and M/s. International EXIM Agency, the Commissioner found 7 consignments of 'PRIMOJEL' mis-declared as cellulose instead of 'modified starch,' leading to confiscation under Section 111(m) of the Customs Act and a duty shortfall of Rs. 18,17,468. Penalties were imposed under Sections 114(A) and 112 of the Customs Act on the importer and the Customs House Agent (CHA) respectively. The appellants contested the allegations, arguing that correct descriptions were provided, and classification was the department's responsibility. The Tribunal found that the importer did not misdeclare the goods, as the invoices contained accurate details and classification was the officer's duty. The order of confiscation and penalties on the importer were deemed unsustainable, but the demand for interest on the duty shortfall was upheld. The penalty on the CHA was also set aside due to lack of evidence of abetment in the misdeclaration, leading to the appeals being allowed and the impugned order being overturned.

Decision Details:
- The Commissioner found misdeclaration of goods and imposed penalties under Customs Act.
- Appellants argued correct descriptions were provided, and classification was department's duty.
- Tribunal held importer did not misdeclare, as invoices had accurate details and classification was officer's responsibility.
- Confiscation order and penalties on importer deemed unsustainable.
- Demand for interest on duty shortfall upheld.
- Penalty on CHA set aside due to lack of evidence of abetment in misdeclaration.
- Appeals allowed, impugned order overturned.