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Issues: Misdeclaration of imported goods, confiscation, redemption fine, penalties under Customs Act, 1962, re-export request, excessive texturised yarn percentage, liability determination.
Analysis: 1. The appellants imported textiles declared as polyester dyed fabrics but were found to contain a higher percentage of texturised yarn upon examination. The goods were ordered to be confiscated with a redemption fine of Rs. 8.00 lakhs imposed under Section 111(m) of the Customs Act, 1962. Additionally, penalties of Rs. 5.00 lakhs on the importing company and Rs. 2.00 lakhs on the partner were imposed, rejecting the plea of re-export due to incorrect goods sent by foreign suppliers. 2. The Tribunal considered the misdeclaration of goods and the excessive texturised yarn percentage. It was noted that the importers failed to declare the correct nature of goods, leading to the discovery of impermissible percentage only after examination. Despite upholding the confiscation under Section 111(m), the redemption fine was reduced to Rs. 80,000, considering the request for re-export. A token penalty of Rs. 5,000 on the importing firm was deemed sufficient, and the penalty of Rs. 2.00 lakhs on the partner was set aside. 3. The appeal of the importing firm was partly allowed, permitting re-export after payment of the reduced fine and token penalty within two months. The option for re-export was granted, and the penalties were adjusted based on the Tribunal's findings, allowing for the discharge of the penalties as determined by the Tribunal.
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