2011 (5) TMI 795 - AT - Customs

Mis-declaration Held that - goods were entered for export and were mis-declared as musical instruments and handicrafts whereas on examination the same were found to be sawn timber in different sizes, lower appellate authority has also found that there are other contraventions in regard to export policy even for export of sawn timber, no justification for reduction in the redemption fine and the penalty determined by the lower appellate authority, Appeal is rejected

Summary

Issues: Mis-declaration of goods for export, contraventions in export policy, reduction in redemption fine and penalty

Mis-declaration of goods for export:
The judgment addresses a case where goods were mis-declared as musical instruments and handicrafts for export but were found to be sawn timber upon examination. The lower appellate authority noted this mis-declaration and also found other contraventions in regard to export policy even for the export of sawn timber. Despite a lenient view taken by the lower appellate authority, the Tribunal found no justification for reducing the redemption fine and penalty determined by the lower appellate authority. Consequently, the Tribunal rejected the appeal based on these findings.

Reduction in redemption fine and penalty:
The lower appellate authority had changed the absolute confiscation of the goods to confiscation with an option to take the goods back upon payment of a nominal redemption fine of Rs.40,000 for goods valued at Rs.1,55,922. Additionally, the penalty was reduced from Rs.1,56,000 to Rs.20,000. The Tribunal determined that there was no justification for the reduction in the redemption fine and penalty as decided by the lower appellate authority, leading to the rejection of the appeal.

The judgment, delivered by Dr. Chittaranjan Satapathy, involved the mis-declaration of goods for export, contraventions in export policy, and a dispute over the reduction in the redemption fine and penalty. The Advocate for the Appellant narrated the brief facts of the case and requested leniency, which was opposed by the Departmental Representative. The Tribunal noted the mis-declaration of goods as musical instruments and handicrafts when they were actually sawn timber, along with other contraventions in export policy. Despite the lower appellate authority's lenient view, the Tribunal found no justification for the reduction in the redemption fine and penalty, ultimately leading to the rejection of the appeal.