1980 (9) TMI 276 - CGOVT - Customs

Summary

Issues:
1. Whether the goods imported were covered by firm commitments through irrevocable letters of credit.
2. Rationality of the quantum of fine in lieu of confiscation and penalty imposed.

Analysis:

Issue 1:
The central issue in this case was whether the goods imported by the petitioners were covered by firm commitments through irrevocable letters of credit. The Collector of Customs had held that the goods were not covered by such commitments, leading to the rejection of the petitioners' appeals. The petitioners argued that they had entered into contracts supported by sale notes and letters of credit, maintaining that an amendment to the letters of credit did not constitute a fresh commitment. However, the government observed that the amendment, which included an increase in the price of the goods, did indeed signify a new commitment. This change in price and shipment terms indicated a fresh commitment, rendering the import unauthorized under the relevant Public Notice. Consequently, the ban on the import of the goods was deemed applicable, upholding the authorities' decisions.

Issue 2:
Regarding the quantum of fine in lieu of confiscation and penalty imposed, the petitioners contended that the variations lacked a rational basis, especially when compared to other similar cases adjudicated by the same authority. The government acknowledged that the penalties imposed were excessive and lacked justification, particularly considering the circumstances of the case. Consequently, the penalties were set aside, and a substantial reduction in the fines was deemed necessary. The government provided a detailed tabular statement outlining the original fines set by the Collector and the revised amounts following the government's decision. The orders in appeal were modified accordingly, with the petitioners granted consequential relief.

In conclusion, the judgment addressed the crucial issues of firm commitments through letters of credit and the rationality of penalties imposed, providing a comprehensive analysis and decision on each aspect of the case.