2012 (5) TMI 412 - AT - Customs

Prayer was to enhance the quantum of penalty imposed Held that - Commissioner imposed a penalty of ₹ 10 lakhs under Section 114 (i) of the Act on M/s Trini Impex and a penalty of ₹ 20 lakhs under the same provision on M/s Corum Impex. Considering the value of the goods exported by these parties (Rs 2.09 crores in the case of M/s Trini Impex and ₹ 4.33 crores in respect of M/s Corum Impex), and also considering the totality of the facts and circumstances of their cases, we are of the view that the penalties imposed on these exporters by the learned Commissioner are fair and reasonable, appeals of the Revenue get dismissed

Issues Involved:
1. Maintainability of the appeals filed by the Revenue.
2. Specific grounds of appeal against the Commissioner's order.
3. Rectification of the Tribunal's final order.
4. Imposition and enhancement of penalties under Section 114 and 114A of the Customs Act.
5. Distinction between importers and exporters in the context of penalties.

Issue-wise Detailed Analysis:

1. Maintainability of the Appeals Filed by the Revenue:
The primary issue was whether the present batch of appeals by the Revenue was maintainable given that a previous batch of 16 appeals against the same order of the Commissioner had already been dismissed by the Tribunal on 12.1.2007. The Tribunal noted that the previous order attained finality as it was not challenged by the department. The learned advocate for the respondents argued that the present appeals should be dismissed as not maintainable, citing the finality of the earlier order. The Tribunal agreed, stating that the present appeals were "pari materia" with the previous ones in all respects, including facts, grounds, and reliefs prayed for. Thus, the appeals were dismissed as not maintainable.

2. Specific Grounds of Appeal Against the Commissioner's Order:
The Tribunal emphasized that the department should have raised specific grounds against the Commissioner's order in relation to each respondent. The learned JCDR contended that the present appeals pertained to different show-cause notices and thus required independent consideration. However, the Tribunal found that the department had failed to meet the basic requirement of an appeal by not raising specific grounds or claiming specific reliefs. This failure was a significant reason for dismissing the appeals.

3. Rectification of the Tribunal's Final Order:
The department filed an application for rectification of the final order dated 12.1.2007, which was granted by the Tribunal on 18.3.2011. The rectified order stated that the appeals of certain parties were allowed by way of remand, while the appeals filed by the Revenue were dismissed. The learned JCDR argued that, given the remand of the party-appellants' appeals, the present appeals of the Revenue should also be remanded for the ends of justice. However, the Tribunal found that the grounds for dismissing the earlier batch of appeals were equally valid for the present appeals, leading to their dismissal.

4. Imposition and Enhancement of Penalties Under Section 114 and 114A of the Customs Act:
The Tribunal examined the penalties imposed by the Commissioner and the Revenue's request for enhancement or imposition of penalties. Mr. Raj Kumar Hasija and Mr. Ashok Rajani argued that the penalties imposed under Section 114A were accepted by the Board, and there was no reason for enhancement. The Tribunal agreed, noting that the reviewing authority had accepted the penalties imposed by the Commissioner on importers, including the respondents. Therefore, the appeals seeking higher penalties were dismissed.

5. Distinction Between Importers and Exporters in the Context of Penalties:
The Tribunal noted that the reviewing authority's question referred to the parties as exporters, even though Section 112 of the Customs Act (penalty on importers) was also mentioned. The review order accepted the penalties imposed on importers, and there was no reason for imposing additional penalties under Section 114 on parties who did not export any goods. The appeals related to importers like M/s Orient Exports, M/s Santosh Textiles, and M/s Blend Syntex were thus rejected.

Conclusion:
The Tribunal dismissed all the appeals of the Revenue, emphasizing the finality of the earlier order, the failure to raise specific grounds, and the acceptance of penalties by the reviewing authority. The Tribunal found no merit in the Revenue's requests for enhancement or imposition of additional penalties, leading to the dismissal of the appeals.

← Previous Next →