2006 (8) TMI 94 - AT - Customs

No order can travel beyond the scope of SCN - Provision of Section 112 and 113 of CA regarding confiscation of goods are applicable even if goods have been exported actually

Summary

Issues:
1. Rejection of drawback claim and imposition of penalties.
2. Discrepancy in the rejection of drawback claim and confiscation of goods.
3. Applicability of Sections 113 and 114 of the Customs Act on exported goods.

Analysis:
1. The case involved the rejection of a drawback claim amounting to Rs. 10,36,000 and the imposition of penalties under Section 114 of the Customs Act. The dispute arose when the department alleged misdeclaration by the exporter regarding the examination date of certain goods in the shipping bill. The show-cause notice proposed to reject the claim for 104 cartons and impose penalties on the exporter and their Customs House Agent (CHA). The Commissioner of Customs rejected the entire drawback claim and imposed penalties of Rs. 75,000 on the exporter and Rs. 50,000 on the CHA.

2. The appellate tribunal found discrepancies in the Commissioner's order as it exceeded the scope of the show-cause notice. The notice only proposed to deny the claim for 104 cartons, but the Commissioner rejected the claim for all 334 cartons and confiscated the entire consignment. The tribunal noted errors in the quantification of penalties as well. As a result, the tribunal set aside the impugned order and directed the Commissioner to pass a fresh order within the show-cause notice's scope after providing both parties with a reasonable opportunity to be heard.

3. The issue of the applicability of Sections 113 and 114 of the Customs Act on exported goods was raised by the learned Counsel. The Counsel argued that since the goods were already exported, Section 113 for confiscation and Section 114 for penalties were not applicable. Reference was made to a Calcutta High Court judgment, which held that penalties were not imposable on exported goods under Section 113. However, the tribunal referred to a Full Bench decision of the same High Court, which concluded that Sections 113 and 114 were indeed applicable to exported goods. Therefore, the tribunal deemed the legal objection raised by the Counsel as untenable and upheld the applicability of the sections to exported goods.

This comprehensive analysis of the judgment highlights the key issues of rejection of drawback claim, discrepancies in the Commissioner's order, and the applicability of relevant sections of the Customs Act on exported goods.