2014 (1) TMI 366 - AT - Customs

Confiscation of goods - Imposition of redemption fine - Difference in address given in the bill and address given in the IEC - Import of second hand capital goods - Held that - it is the Revenue who is making the allegation of non-production of specific licence and as such on the face of the fact that the goods in question were admittedly old and used, it was for the Revenue to show that the same required specific licence for import. Admittedly the policy circular issued by DGFT is to the effect that no restriction is applicable on import of second-hand capital goods which are freely importable without a specific licence - Admittedly the Revenue has treated the appellants as the importer of the goods, when the goods stand released to them. As such the above technical objection should not result in confiscation of the goods or in imposition of penalties upon them - Decided in favour of assessee.

Issues:
1. Discrepancy in the address on the airway bill and the bill of entry.
2. Requirement of a specific license for importing second-hand goods.
3. Validity of Import Export Code (IEC) certificate.
4. Confiscation of goods and imposition of fine and penalty.

Analysis:
1. The first issue in this case pertains to the discrepancy in the address provided by the appellant on the airway bill and the bill of entry. The Revenue contended that the Import Export Code (IEC) certificate issued to the appellant did not belong to them due to the mismatch in addresses. However, the appellant clarified that their registered office was at Gulmohar Park and the branch office at Safdarjang Enclave, explaining the differing addresses. The Tribunal acknowledged this explanation and ruled that the technical objection regarding the address should not lead to the confiscation of goods or the imposition of penalties.

2. The second issue revolves around the requirement of a specific license for importing second-hand goods. The original adjudicating authority had confiscated the imported goods, citing the need for a specific license for second-hand goods and the address discrepancy between the airway bill and the bill of entry. The Commissioner (Appeals) upheld this decision, stating that the appellant failed to provide evidence that the imported goods were capital goods exempt from special licensing requirements. However, the Tribunal noted that the Revenue had the burden to prove the necessity of a specific license for import, especially considering the policy circular allowing the import of second-hand capital goods without restrictions. Consequently, the Tribunal set aside the confiscation and penalties imposed on the appellant.

3. The third issue raised was the validity of the Import Export Code (IEC) certificate held by the appellant. The Revenue questioned the authenticity of the IEC certificate due to the address mismatch. However, the appellant clarified the address situation, emphasizing that the differing addresses were due to their multiple office locations. The Tribunal accepted this explanation and concluded that the IEC certificate was valid for the appellant, further supporting their decision to overturn the confiscation and penalties.

4. Lastly, the issue of the confiscation of goods and the imposition of fines and penalties was addressed. The original adjudicating authority had confiscated the goods and imposed a redemption fine and penalty on the appellant. The Commissioner (Appeals) upheld this decision, but the Tribunal, upon considering all the facts and explanations provided by the appellant, found in favor of the appellant. The Tribunal ruled in favor of the appellant, setting aside the confiscation, redemption fine, and penalty, thereby granting them consequential relief.

In conclusion, the Tribunal's judgment favored the appellant by overturning the confiscation of goods and the penalties imposed, emphasizing the importance of addressing technical objections diligently and ensuring that the burden of proof lies with the Revenue in cases involving import regulations and licensing requirements.

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