2008 (11) TMI 416 - HC - Customs

seizure of pieces of gold biscuits - gold biscuits belonged to assessee and were legally purchased. vouchers showed sale of T.T. Bars, whereas the seized gold was in the form of biscuits. Variation in weight and purity was also pointed out to show that the vouchers produced by claimant was not worthy of reliance. The Tribunal on appraisal of the materials came to the conclusion that in business world there is no distinction between biscuits and bars and further discrepancies of 2 grams in 16 pieces of biscuits shall not make the vouchers to be unworthy of reliance - Held that - Tribunal has recorded the finding on consideration of relevant material and cannot be said to be perverse, no merit in applications and they are dismissed accordingly.

Summary

Issues:
1. Seizure of gold biscuits by Customs officials from a truck.
2. Confiscation of gold biscuits and imposition of penalties.
3. Appeals filed before the Tribunal against the confiscation order.
4. Tribunal's decision to set aside the confiscation order and penalties.
5. Applications under Section 130A of the Customs Act filed by the Commissioner of Customs.
6. Prayers made by the Commissioner before the High Court to refer questions of law.
7. Assessment of the Tribunal's decision by the High Court regarding the ownership of the gold biscuits and the reliability of evidence presented.
8. Legal principles governing interference with findings of fact by the High Court.

Analysis:
The case involved the seizure of sixteen gold biscuits by Customs officials from a truck, leading to the Commissioner of Customs ordering the confiscation of the gold biscuits and imposing penalties on individuals associated with the incident. Subsequently, appeals were filed before the Tribunal challenging the confiscation order and penalties. The Tribunal, in its decision, set aside the confiscation order and penalties, prompting the Commissioner of Customs to file applications under Section 130A of the Customs Act before the High Court. The Commissioner requested the High Court to refer questions of law arising from the Tribunal's order.

Upon hearing the arguments, the High Court considered the claim made by one individual regarding the ownership of the gold biscuits and the discrepancies in the evidence presented. The petitioner contended that the Tribunal erred in accepting the claim that the gold biscuits were legally purchased, citing discrepancies in weight and purity compared to the vouchers produced. However, the Tribunal concluded that in the business world, there is no significant distinction between biscuits and bars, and minor discrepancies in weight do not render the vouchers unreliable.

The High Court emphasized the principle that it interferes with findings of fact only if they are deemed perverse, meaning they are based on irrelevant material or fail to consider relevant evidence. After reviewing the materials, the High Court determined that the Tribunal's findings were not perverse but based on relevant considerations. Consequently, the High Court concluded that no question of law arose from the Tribunal's order and dismissed the applications filed by the Commissioner of Customs.