1984 (3) TMI 408 - AT - Customs

Summary

Issues Involved:
1. Under-valuation of imported goods.
2. Admissibility and reliance on statements recorded under Section 108 of the Customs Act.
3. Comparison of prices with contemporaneous imports.
4. Validity of waiver of show cause notice.
5. Legitimacy of imposed fines and penalties.

Issue-wise Detailed Analysis:

1. Under-valuation of imported goods:
The appellants imported 280 Jumbo rolls of Magnetic Tapes under three bills of entry. The Customs authorities, acting on secret information, investigated the consignments and recorded statements from the appellant's proprietor under Section 108 of the Customs Act. The Additional Collector of Customs concluded that the appellants had under-valued the goods to evade full duty payment, leading to the confiscation of goods under Section 111(m) and imposition of penalties under Section 112. The appellants argued that the goods were imported at a negotiated price, supported by various documents, including a quotation from the supplier. The Tribunal, however, upheld the finding of under-valuation based on the voluntary statements of the appellant's proprietor and corroborative evidence.

2. Admissibility and reliance on statements recorded under Section 108 of the Customs Act:
The appellants contended that statements under Section 108 could only be recorded in smuggling cases, not under-valuation. However, the Tribunal noted that 'smuggling' as defined in Section 2(39) includes acts rendering goods liable to confiscation under Section 111. Since the goods were mis-declared and liable for confiscation under Section 111(m), the statements were admissible. The Tribunal found the statements to be voluntary, consistent, and made without duress, thus holding significant evidentiary value.

3. Comparison of prices with contemporaneous imports:
The appellants argued against the comparison of their import prices with those of another importer, Shri A.K. Singh, citing differences in suppliers and goods. The Tribunal agreed, noting that the suppliers and grades of goods differed, and details of Shri Singh's imports were not on record. Thus, the comparison was deemed inappropriate.

4. Validity of waiver of show cause notice:
The appellants had sought a waiver of the show cause notice, which they later contested, claiming they were not explained the charges. The Tribunal dismissed this contention, stating the appellants were fully aware of the charges and had sought the waiver to expedite proceedings. The letter dated 1-1-1983 confirmed their conscious decision to waive the notice.

5. Legitimacy of imposed fines and penalties:
The Tribunal found no evidence of clandestine remittance or withheld information by the appellants. Given the appellants' transparency and the concession received on the price, the Tribunal deemed the imposition of redemption fine and personal penalty unjustified. Consequently, both the fine and penalty were remitted.

Conclusion:
The Tribunal upheld the determination of the assessable value of the imported goods by the Additional Collector but remitted the redemption fine and personal penalty imposed on the appellants. The appeal was thus partly accepted, and consequential relief was directed to be given to the appellants.