2014 (10) TMI 330 - AT - Customs

Authorization to be submitted by the courier agencies - Proceedings were initiated on the ground that these courier agencies who are authorized to act as couriers were importing unaccompanied baggages of passengers and goods intended for trade/business in the guise of bona fide gifts, in order to illegitimately avail the benefit of duty free provisions granted for bona fide gifts under Notification No.171/1993-Cus. dated 16.9.1993 read with CIECR. - whether Revenue can demand duty for beyond one year when the Regulation itself requires authorization should be kept only for one year - Held that - prima facie, the demand can be limited only for a period of one year prior to issue of show cause notice, if authorization has been obtained by the appellants and the authorization relating to earlier periods could not be produced. Therefore what becomes important is that a proper conclusion as to whether authorizations were available, whether authorizations were obtained, whether authorizations were handed over to customs and there is also a dispute on the issue as to whether the officer who received the authorization and other documents has to be cross-examined or not. Therefore, the Commissioner concerned is requested to ensure that the officers in airport should ascertain whether documents were recovered from these agents and if available, appellant should be provided with copies. If not, we also do not find any harm in permitting cross-examination of the officers whom the appellants claim to have handed over the documents, if requested for. it would be appropriate that the matter should be remanded at this stage itself. Accordingly, all the impugned orders are set aside and the matters are remanded for fresh decision on merits - Decided in favour of assessee.

Summary

Issues involved:
1. Interpretation of Courier Import and Export (Clearance) Regulations, 1998.
2. Allegations of importing unaccompanied baggages under the guise of bona fide gifts.
3. Requirement of authorization for courier agencies under CIECR.
4. Calculation of customs duty for goods brought through courier.

Analysis:
1. The judgment dealt with three appeals concerning courier agencies holding registration certificates under the Courier Import and Export Regulations. The issue involved was the alleged import of unaccompanied baggages as gifts to evade duty. The Tribunal found discrepancies in the imports made by the courier agencies, leading to the conclusion that a legal reevaluation was necessary. The requirement of pre-deposit was waived, and all appeals were consolidated for a final decision.

2. The proceedings were initiated against the courier agencies for importing goods intended for trade as bona fide gifts under duty-free provisions. The agencies filed Bills of Entry claiming the goods were gifts not exceeding a certain value. However, it was observed that the consignments were split among non-existent consignees, lacking documentary evidence to support the gift claim. The Tribunal highlighted the absence of specific evidence to prove the allegations, emphasizing the need for proper investigation to substantiate the claims.

3. The issue of authorization for courier agencies was raised, referencing a previous case where the requirement for authorization at the time of filing the bill of entry was discussed. The Tribunal noted discrepancies in the submission of authorizations by the courier agencies, leading to a dispute on duty demands beyond the stipulated one-year period. The judgment emphasized the importance of verifying the availability of authorizations and allowing cross-examination to ensure a fair adjudication process.

4. Another key issue addressed was the calculation of customs duty based on a uniform rate for goods brought through courier. The Tribunal questioned the application of Section 44 of the Customs Act, emphasizing that it pertained to passenger baggage and postal articles, not courier imports. The lack of evidence to classify the goods as unaccompanied baggage raised concerns about the proper assessment of duty. The judgment highlighted the need for a detailed consideration of how bills of entries should be assessed and the correct legal position regarding duty calculation for courier imports.

In conclusion, the Tribunal set aside all impugned orders and remanded the matters for a fresh decision on merits, emphasizing the need for a detailed assessment of the issues raised in the appeals. The Commissioner was instructed to provide a fair opportunity for the appellants to present their case and pass orders in accordance with the law, ensuring a comprehensive resolution of the disputes.