2012 (9) TMI 599 - AT - Central Excise

Provisional release of the goods Goods were compressors of various sizes - Held that - Condition of giving declaration that the assessee will not challenge the value of goods the assessee cannot be deprived of opportunity to contest classification or valuation - If the condition is allowed the department can allege any valuation and continue to have goods under detention unless the aggrieved party withdraw the challenge of valuation. The same will amount to denial of justice - To provisionally release of the goods the authorities have to safeguard the revenue with regard to duty redemption fine and penalty if any - appellant shall pay the differential duty as provisionally assessed

Summary

Issues:
Provisional release of seized goods, validity of conditions imposed for release, extension of time for investigation, violation of principles of natural justice.

Analysis:
The case involved appeals filed along with stay applications and Misc. Applications for early hearing due to the issue of live consignments and the need for provisional release of goods. The goods in question were imported as heavy metal scrap but were found to be old compressors of various types. The appellants contested the conditions imposed for provisional release, particularly objecting to a declaration not to challenge the value and identity of the goods during adjudication or prosecution proceedings. The Commissioner extended the time period for investigation, leading to the appellants challenging the order. The appellants argued that the conditions imposed were incorrect and in violation of the law, emphasizing the need for provisional release due to heavy demurrage charges and lack of further investigation necessity.

The learned Advocate for the appellants argued that the goods were correctly described as heavy melting scrap, and the conditions for release were unjust. On the other hand, the SDR contended that the goods were mis-declared, and the extension of the investigation period was justified to ascertain the end use of the material. The Tribunal heard both sides and found the objection regarding the appealability of the order invalid. The conditions for provisional release, especially condition (d), were deemed to violate the law and principles of natural justice. The Tribunal referred to a previous case where it was held that challenging the value of goods should not be restricted, ensuring the right to contest classification or valuation.

The Tribunal concluded that representative samples could be drawn to examine the contents of the scrap, and the lack of the Chartered Engineer's report violated natural justice. Given the heavy demurrage charges and the lack of further investigation necessity, the Tribunal set aside the impugned order and allowed the provisional release of the goods with revised conditions. The revised conditions included drawing representative samples, paying the differential duty, furnishing a bond, and providing a bank guarantee. The concerned authority was directed to provisionally release the goods upon compliance with the revised conditions within three days, thereby disposing of the appeals and stay applications.