2014 (2) TMI 1017 - AT - Customs

Waiver of pre deposit - Rejection of value declared - Confiscation of goods - Re-determination of goods - Demand of differential duty - Held that - while seeking waiver of pre-deposit and stay of all further proceedings for realization of the adjudicated liability; the petitioners have failed to disclose particulars of the transfer of 40,000 shares in favour of his son by Mr. Sangit Agrawal. This was crucial information which was bound to be disclosed. We prima facie consider the omission to state this crucial fact as amounting to suppression of material facts while seeking the discretionary relief of waiver of pre-deposit and stay - Taking the totality of the circumstances into account and duly considering the hardship of the petitioners and the interests of Revenue as well, we find no justification to modify the order dated 18.3.2013 directing remittance deposit of 25% of the adjudicated liability as pre-deposit. However, appellant may either deposit 25% of the duty liability assessed by the orders in original dated 26.3.2011 and 30.4.2012 bearing reference Nos.16/2011 and 11/2012 or may furnish bank guarantee for the amount representing 25% of the duty liability, within six weeks - Decided partly in favour of assessee.

Summary

Issues:
1. Rejection of declared value for imported goods
2. Determination of differential duty
3. Confiscation of goods and imposition of fines and penalties
4. Stay application seeking waiver of pre-deposit
5. Appeal to High Court regarding financial hardship
6. Financial position assessment and disclosure of assets
7. Consideration of financial hardship and interests of Revenue
8. Modification of pre-deposit order

Issue 1: Rejection of declared value for imported goods
The judgment addresses the rejection of the value declared by Euro Asia Global for imported goods, leading to the re-determination of the value of the goods and the confirmation of a demand for differential duty. The order also includes directions for recovery of the assessed duty, interest, confiscation of goods, and imposition of fines and penalties under the Customs Act, 1962 and Customs Valuation Rules, 1988.

Issue 2: Determination of differential duty
The tribunal confirmed the demand for a differential duty amount that was short-paid or evaded by Euro Asia Global due to mis-declaration and under-invoicing of imported goods. The judgment specifies the amounts to be recovered from the company and individuals involved, along with directions for interest payment and confiscation of goods.

Issue 3: Confiscation of goods and imposition of fines and penalties
In addition to determining the differential duty, the judgment ordered the confiscation of goods covered by the bills of entry, imposed redemption fines, and penalties for specified omissions and commissions. The penalties were levied on both the company and the individuals associated with the importation of goods.

Issue 4: Stay application seeking waiver of pre-deposit
The tribunal disposed of the stay application seeking a waiver of pre-deposit by directing Euro Asia Global to make a pre-deposit of 25% of the cumulative duty demand specified in the Orders-in-Original within a specified timeframe. Failure to comply with this directive would result in dismissal of the appeals.

Issue 5: Appeal to High Court regarding financial hardship
Euro Asia Global appealed to the Delhi High Court regarding the pre-deposit order, citing financial hardship. The High Court declined to interfere with the tribunal's observation but allowed the appellant to submit an application indicating financial hardship for the tribunal's review and potential modification of the pre-deposit order.

Issue 6: Financial position assessment and disclosure of assets
The judgment detailed the assessment of the financial position of Sangit Agrawal, including assets such as shares and agricultural land. The report highlighted the net worth of Sangit Agrawal based on the assets and liabilities, which played a crucial role in determining the pre-deposit requirements.

Issue 7: Consideration of financial hardship and interests of Revenue
The tribunal considered the submissions regarding financial hardship, the interests of Revenue, and the possibility of realizing the adjudicated liability. Balancing these factors, the tribunal upheld the pre-deposit order but allowed for the deposit or bank guarantee of 25% of the duty liability within a specified timeframe to avoid dismissal of the appeals.

Issue 8: Modification of pre-deposit order
Ultimately, the tribunal modified the pre-deposit order to allow Euro Asia Global to either deposit 25% of the duty liability or furnish a bank guarantee for the same amount within a specified period. Failure to comply would result in the dismissal of the appeals without further reference to the tribunal.

This comprehensive analysis covers the key issues addressed in the judgment, providing a detailed overview of the legal proceedings and decisions made by the tribunal.