2014 (8) TMI 1076 - AT - Customs

Demand imposition of penalties 100% EOU misdeclaration import of capital goods without payment of customs duty as well as procuring of indigenously without payment of duty at the time of debonding - submission of list of capital goods at the time of debonding - Held that - as the appellants were maintaining proper records regarding the capital goods received without payment of duties from which the Revenue found out the deficiency, no merit found in the contention of the appellant that omission of the capital goods such as generating sets etc. is not deliberate appeal dismissed stay application dismissed.

Summary

Issues:
- Confirmation of duty under Customs Act and Central Excise Act
- Imposition of penalties for non-disclosure of capital goods

Confirmation of Duty under Customs Act and Central Excise Act:
The appellant filed appeals against an order confirming a duty demand under the Customs Act and Central Excise Act, along with penalties equal to the confirmed demands. The appellant, a 100% EOU, imported and procured capital goods without paying customs or excise duty. Upon debonding, the appellant submitted a list of goods and paid duties at depreciated values. However, an audit revealed discrepancies, leading to a demand of approximately Rs. 6 crores. The adjudicating authority confirmed part of the duty as some goods were not declared at debonding. The appellant did not challenge the duty demands but contested the penalties.

Imposition of Penalties for Non-Disclosure of Capital Goods:
The appellant argued that the penalties were unwarranted as the omission of five/six capital goods from the debonding list was unintentional, with no intent to evade duties. The Revenue contended that the appellant's incomplete disclosure was deliberate, citing the discovery of misdeclarations during an audit. The Tribunal noted that the appellant failed to disclose all capital goods, including items like generating sets, at debonding. As the appellant maintained proper records, the Revenue identified the discrepancies. The Tribunal found no merit in the appellant's claim of unintentional omission and upheld the penalties, dismissing the appeals and stay applications.

This judgment highlights the importance of accurate disclosure and the consequences of incomplete declarations when debonding from a 100% EOU status. The Tribunal emphasized the duty of entities to provide complete information to avoid penalties, even if the omissions were not intentional.