2007 (10) TMI 14 - AT - Customs

Drawback - Appellant is a manufacturer of melting furnace and claim drawback of export of said product along with amount of spares but revenue set aside the drawback of spares and imposed penalty an appellant - Held that there is no intentional misdecleration and penalty set aside

Summary

Issues:
1. Claim of drawback including the value of spares in the furnace export.
2. Imposition of fine and penalty by the original authority.
3. Decision of the Commissioner (Appeals) regarding redemption fine and penalty reduction.
4. Appeal against penalty imposition.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Ahmedabad involved a dispute regarding the claim of drawback by including the value of spares in the export of a furnace. The appellant, a manufacturer of melting furnace, exported a consignment with separate documentation for the furnace and recommended spares. However, customs authorities noted a discrepancy in the drawback claim related to the spares. The original authority imposed a fine and penalty, which was challenged in the appeal.

The Commissioner (Appeals) set aside the redemption fine but reduced the penalty. The appellant argued that the separate documentation clearly indicated the values of the furnace and spares, and there was no deliberate attempt to fraudulently claim the drawback. The learned advocate contended that the penalty should be set aside based on this argument.

After hearing both sides, the Tribunal analyzed the submissions and documents. It was observed that there was no misdeclaration in the shipping bill and supporting documents. The inclusion of the spare parts' value in the furnace for the drawback claim was not considered intentional misdeclaration or fraudulent claim. The Tribunal noted that the drawback schedule specified drawback only for the furnace, and the disallowance of the amount related to the spares was justified. However, this discrepancy did not warrant the imposition of a penalty.

Therefore, the Tribunal allowed the appeal, providing consequential relief to the appellant. The judgment highlighted that the mere inclusion of spare parts' value in the furnace for the drawback claim, without deliberate misdeclaration, did not justify the penalty imposed by the authorities.

This detailed analysis of the judgment showcases the Tribunal's assessment of the documentation, the nature of the drawback claim, and the rationale behind setting aside the penalty based on the lack of intentional misdeclaration.