2007 (5) TMI 77 - AT - Customs

Valuation(Custom) - Alleged that appellant had misdeclared the imported good and accordingly demand were made alongwith penalty - Held that only 45% of consignment was found to be so misdeclared inviting confiscation and penalty

Summary

Issues:
1. Enhanced value of imported goods
2. Application of Public Notice No. 146/88
3. Confiscation of goods under Customs Act
4. Excess quantity of goods
5. Redemption fine and penalty imposition
6. Appeal against appellate Commissioner's order

Enhanced value of imported goods:
The lower authorities enhanced the unit price of used garments and cut wearing apparels without providing a clear basis for the increment. The Tribunal noted that the investigation details supporting the value enhancement were not available on record, violating principles of natural justice. Consequently, the declared value of the goods was accepted, but the goods were still liable for confiscation under Section 111(d) of the Customs Act due to the discrepancy in the consignment. The Tribunal determined the value of the confiscated goods and reduced the redemption fine considerably based on the value of the used garments.

Application of Public Notice No. 146/88:
The lower authorities invoked Public Notice No. 146/88 to hold the cut wearing apparels liable for confiscation due to non-conformance with the norms for mutilation of garments. However, the appellants argued that the Public Notice had been invalidated by the Rajasthan High Court and upheld by the Supreme Court. They contended that the norms in the Public Notice were no longer valid, and relied on previous tribunal decisions to support their claim for proper mutilation acceptance for import under OGL.

Confiscation of goods under Customs Act:
The entire quantity of imported goods was held liable for confiscation under Section 111(d) of the Customs Act due to non-compliance with mutilation norms and excess quantity. The Tribunal clarified that only 45% of the consignment was liable for confiscation, reducing the quantum of redemption fine significantly based on the value of the confiscated goods.

Excess quantity of goods:
The records did not clearly indicate whether the excess quantity of goods belonged to the category of used garments or cut wearing apparels. The Tribunal held that if the excess quantity was in the former category, it would be subject to confiscation, otherwise benefiting from previous tribunal decisions. The benefit of doubt was given to the assessee, and the Tribunal reduced the redemption fine and penalty accordingly.

Redemption fine and penalty imposition:
The redemption fine and penalty imposed on the party were considered exorbitant by the appellants. The Tribunal reduced the redemption fine to Rs. 42,000 and the penalty to Rs. 8,400 based on previous tribunal decisions and the circumstances of the case.

Appeal against appellate Commissioner's order:
The party appealed against the appellate Commissioner's order, which rejected their appeal but reduced the fine. The Tribunal disposed of the appeal by accepting the declared value of the goods, reducing the redemption fine and penalty, and providing clarity on the liability for confiscation under the Customs Act.