2014 (11) TMI 996 - HC - Customs

No uniformity in imposition of Penalty and redemption fine Improper importation of Goods Tribunal vide impugned order held that licensing regulations had come into force from 19.10.2005, therefore, goods in question were liable for confiscation and appellant liable to redemption fine, but reduced amount of penalty Held that - no doubt true that repeat violator has to be imposed appropriate fine and penalty in order that same acts as deterrent to repeated violation However, at same time, Tribunal could not lose site of fact that in similar cases it had reduced redemption fine to 10% and penalty to 5% Without going into restriction imposed was applicable or not, Court held that ends of justice would met if quantum of redemption fine and penalty was reduced from excessive rate to 20% each Impugned order of tribunal stands affirmed Appeal disposed of Decided against Assesse.

Issues:
1. Quashing of order by the Customs Excise and Service Tax Appellate Tribunal
2. Value declared by the appellant for imported consignment
3. Imposition of penalty and redemption fine
4. Appeal before the Commissioner of Central Excise
5. Tribunal's decision on licensing regulations and confiscation
6. Appellant's arguments on the nature of imported machines and relevant regulations
7. Tribunal's imposition of redemption fine and penalty
8. Appellant's contentions on the quantum of redemption fine and penalty
9. Uniformity in imposition of fine and penalty by the Tribunal
10. Legal provisions related to redemption fine and penalty
11. Previous judgments and their impact on the current case

Analysis:

1. The appellant sought the quashing of an order by the Customs Excise and Service Tax Appellate Tribunal, which partially allowed the appeal of the respondent. The dispute arose from the value declared by the appellant for an imported consignment of old and used photocopier machines.

2. The respondent contended that the consignment consisted of different models, valued higher than declared, and required a license for importation. Consequently, the goods were deemed liable for confiscation under the Customs Act, with penalties imposed on the appellant.

3. The appellant, aggrieved by the penalties, filed appeals resulting in varied reductions of redemption fine and penalties by different authorities. The Tribunal, relying on previous decisions, upheld the redemption fine but reduced the penalty amount.

4. The appellant argued against the Tribunal's decision, emphasizing the nature of the imported machines and the timing of relevant regulations. They contended that the restrictions imposed were not applicable during the period in question.

5. The Tribunal's decision was based on the applicability of licensing regulations and the confiscation of goods. The appellant cited previous judgments to support their argument against the Tribunal's ruling.

6. The appellant further contended that the quantum of redemption fine and penalty was unjustifiably high, citing previous cases where lower fines and penalties were imposed in similar situations.

7. The Tribunal's imposition of redemption fine and penalty was challenged by the appellant as being excessive and not in line with previous decisions and legal principles governing such penalties.

8. The appellant argued for a substantial reduction in the redemption fine and penalty, highlighting the market availability and pricing of old and used photocopiers as factors justifying a lower penalty.

9. The lack of uniformity in the Tribunal's imposition of fines and penalties was a significant grievance for the appellant, who argued that different standards were applied to similar cases, causing financial strain.

10. Legal provisions related to redemption fine and penalty were discussed, emphasizing the discretionary nature of such impositions while also outlining the statutory limits for these penalties.

11. Previous judgments, including those from the Madras High Court and other appellate authorities, were cited to support the appellant's arguments for a reduction in the redemption fine and penalty in line with established practices and legal principles.

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