2013 (1) TMI 749 - AT - Customs

Summary

Issues Involved: Appeal against confiscation and penalty imposition on imported goods misdeclared as "SS defective pipe, Grade 316 welded."

Confiscation of Goods:
The appellant ordered "SS defective pipe, Grade 316 welded" from their supplier, but received old and used pipes instead. The goods were seized before clearance, leading to confiscation on the grounds of misdeclaration. The appellant argued that they were misled by the supplier and had no intention to misdeclare. The issue was whether the appellant could be penalized without mens rea. The appellant's bona fides were questioned based on previous cases, but it was found that they had proven their innocence. Hence, the penalty was waived based on the principle that genuine importers should not be penalized for supplier fraud.

Penalty Imposition:
The appellant contested the penalty imposed under Section 112(1) of the Customs Act, arguing lack of mens rea. The appellant cited various case laws to support their claim of being bona fide importers. The respondent, however, maintained that mens rea was not necessary for penalty imposition. After considering both arguments, it was concluded that the appellant's innocence was established as they had ordered specific goods and the discrepancy was discovered only upon examination. The penalty was therefore waived, aligning with the decision in Oriental Containers Ltd. case.

Conclusion:
The penalty imposed on the appellant was waived as they were able to prove their innocence in the misdeclaration of goods. The impugned order was modified accordingly, emphasizing that genuine importers should not be penalized for discrepancies caused by suppliers.