2005 (12) TMI 564 - HC - Customs

Summary

Issues:
1. Confiscation of parcels and imposition of penalties by Customs authorities.
2. Reduction of fines and penalties by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
3. Admissibility of confessions made by involved individuals.

Confiscation of Parcels and Imposition of Penalties:
The case involved the clearance without duty payment of parcels containing computer chips, leading to confiscation by the Directorate of Revenue Intelligence (DRI). The Adjudicating Authority imposed fines and penalties on the importer and involved individuals. The Commissioner of Customs ordered the redemption of parcels on payment of a fine, redetermination of the imported goods' value, and levied penalties on the individuals involved, based on collected evidence.

Reduction of Fines and Penalties by CESTAT:
The petitioners appealed to CESTAT seeking leniency in fines and penalties. CESTAT, considering the differential duty amount, reduced the fines and penalties imposed by the Adjudicating Authority. The fines on the importer and individuals were decreased significantly, providing partial relief to the appellants. The present appeal was filed challenging the CESTAT order.

Admissibility of Confessions:
The appellants argued a substantial question of law regarding the admissibility of confessions made by involved individuals. The court rejected this argument, stating that confessional statements were crucial evidence for the adjudicating authority. The Adjudicating Authority and CESTAT concluded that the individuals were complicit in the illegal clearance of goods. The court found no illegality or perversity in this conclusion, leading to the dismissal of the appeals as no substantial question of law arose for consideration.