2011 (6) TMI 489 - AT - Customs

Confiscation smuggled goods Held that - Merely because the MRP sticker required to be stuck at the time of import of the goods were not found on the cartons seized from the appellant s premises by itself cannot be made a reason to prove that the same were not imported by the three suppliers, Once the goods are imported and become a part of the mass of such goods in the country, the production of documents are dispensed with and the same cannot be held to be smuggled unless contrary is proved by producing positive and tangible evidence, confiscation of the goods and penalty imposed upon the appellant is set aside, appeal is allowed

Summary

Issues:
1. Legal import of goods seized from the appellant's shop and godown.
2. Rejection of documents proving legal import by the adjudicating authority.
3. Confiscation of goods, imposition of penalties, and appeal against the Commissioner's order.

Issue 1: Legal Import of Seized Goods
The appellant, engaged in trading spare parts of watches, had goods of foreign origin seized from their shop and godown. The appellant failed to produce evidence of legal import or possession of the goods initially. However, later, invoices from various suppliers were presented, indicating the sale of goods to the appellant. Statements from authorized signatories of the suppliers confirmed the sales and their engagement in the legal import of such goods. Bills of entries, invoices, and other documents were produced to substantiate the legal import of the goods.

Issue 2: Rejection of Documents by Adjudicating Authority
The adjudicating authority rejected the documents provided by the appellant, claiming discrepancies in model numbers between the bills of entries and the seized goods. It was alleged that the documents were not produced at the time of seizure, suggesting an afterthought. The authority relied on the partner's statement about the lack of documents covering the goods. However, the Tribunal emphasized that for non-notified goods like button cells and dry batteries, the burden to prove illegal import lies heavily on the Revenue. The absence of MRP stickers on seized cartons was not sufficient to prove illegal import, especially when the suppliers were engaged in legal import activities.

Issue 3: Confiscation, Penalties, and Appeal
A show cause notice proposing confiscation and penalties was issued to the appellant, leading to an order by the Commissioner confiscating the goods with a redemption fine and duty payment option. Additionally, penalties were imposed under the Customs Act. The Tribunal, after reviewing the impugned order and considering the evidence, found that the burden of proving illegal import was on the Revenue. As no concrete evidence of smuggling was presented besides the discrepancy in model numbers, the confiscation of goods and penalties were set aside. The Tribunal allowed the appeal, providing consequential relief to the appellant.

This judgment highlights the importance of substantiating legal import for goods seized by authorities, especially in cases involving non-notified items. It underscores the burden of proof on the Revenue to establish illegal import, particularly for freely importable goods. The rejection of documents based on minor discrepancies and the need for concrete evidence to prove smuggling are key takeaways from this case.