2010 (7) TMI 873 - AT - Customs

Summary

Issues:
1. Confiscation of goods and reduction of redemption fine.
2. Imposition of penalties on importer and CHA.
3. Claim of benefit of Notifications and invoking Section 111(o).
4. Deliberate attempt to evade payment of duty.
5. Misdeclaration of goods and scrutiny of claims.
6. Absolving importer from penalty and challenging the penalty on CHA.

Analysis:
1. The importer and CHA appealed against an order upholding the confiscation of goods but reducing the redemption fine. The issue was common, so both appeals were taken up together. The importer filed a Bill of Entry for clearance of goods claiming exemption of Customs and Central Excise Notifications. The proceedings were initiated as the benefit of the Notifications was found to be unavailable, leading to confiscation of goods, redemption fine, and penalties imposed on the importer and CHA.

2. The importer contended that the claim of Notification benefit was due to a mistake, rectified upon notification, and reliance was placed on relevant Tribunal decisions. The CHA argued that since the penalty on the importer was set aside, their penalty should not be upheld. The department, however, claimed that the claim of Notification benefit was deliberate evasion of duty and invoked Section 111(o) accordingly.

3. Upon perusing the records, the Judge found the department's contention of deliberate evasion unsupported by evidence. The Commissioner's reference to conditions for exemption post-clearance indicated that Section 111(o) was inapplicable. The Judge noted that there was no misdeclaration of goods, and the claim was subject to scrutiny, not equating to misdeclaration. Previous Tribunal decisions were cited to support the finding that confiscation was not sustainable in law. The penalty on the CHA was set aside as there was no justification once the penalty on the importer was absolved.

4. Ultimately, the Judge set aside the Commissioner's order, allowing the appeals. The decision highlighted the lack of evidence for deliberate evasion, the inapplicability of Section 111(o), and the absence of misdeclaration. The decision to absolve the importer from penalty and overturn the penalty on the CHA was supported by the lack of justification and evidence against the CHA.