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2013 (6) TMI 207 - AT - CustomsConfiscation/imposition of penalty - Export of non basmati rice - Held that - Following the earlier order of the Tribunal in the case of Vikram Bisht and others vs. CCE, Ghaziabad, there is reduction in the redemption fine and penalties to 10% of the value of the Rice and modified the order of the Commissioner accordingly. As regards the appeals of CHA and its Director, there is no finding by the Commissioner as regards there being an active participant in the alleged export of non-Basmati Rice.
Issues:
1. Confiscation of non-Basmati Rice declared as Basmati for export. 2. Imposition of redemption fine and penalties. 3. Appeal regarding the involvement of CHA and its Director. Analysis: 1. The judgment involves the confiscation of Rice valued at approximately Rs. 1.59 crores, declared for export as Basmati but found to be non-Basmati. The Commissioner's order confiscated the Rice with a redemption fine of Rs. 40,00,000 and a penalty equivalent to the Rice's value imposed on the appellant and the individuals involved. 2. The appellant's advocate argued that the redemption fine and penalties were excessive, citing a previous Tribunal order where fines and penalties were reduced to 10% of the Rice's value. The Tribunal upheld the confiscation due to the Rice being non-Basmati but reduced the redemption fine and penalties to 10% of the Rice's value based on the precedent. 3. Regarding the appeals of the CHA and its Director, the Commissioner did not establish their active participation in the export of non-Basmati Rice. The Tribunal noted that CHA might not be an expert in differentiating Basmati from non-Basmati Rice and without evidence of active involvement, the imposition of penalties was deemed unjustified. Consequently, the penalties on CHA and its Director were set aside, granting them consequential relief. Overall, the Tribunal upheld the confiscation of the non-Basmati Rice but reduced the redemption fine and penalties to 10% of the Rice's value based on a previous order. The penalties on the CHA and its Director were overturned due to lack of evidence of active participation in the export of non-Basmati Rice.
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