2015 (4) TMI 924 - HC - Customs

Impoundation and confiscation of goods - Export of 2496MT sugar - Export Release Orders not obtained - export obligation under Advance Authorization scheme - Imposition of penalty - Held that - assessee has hopelessly failed to establish the physical incorporation of the imported input in 2006 in the exported sugar in the year 2010. The Assessing Authority and the Tribunal appears to be correct in recording a finding that the appellant has violated the provisions of Customs Act, in exporting sugar without there being any Export Release Order in the facts of this case - tribunal has been more-than fair in reducing the penalty to nearly 1/10 of the original penalty. There is no scope of the penalty being reduced any further by this Court. - Decided against assessee.

Summary

Issues:
Violation of Customs Act by exporting sugar without obtaining Export Release Orders, imposition of penalties under Sections 114(i) and 114(AA) of the Customs Act, reduction of penalties by the Tribunal, challenge to the reduction of penalties by the Commissioner Customs, NOIDA, interpretation of Export Policy regarding 'grain to grain basis' and 'ton to ton basis', failure to establish physical incorporation of imported input in exported sugar, fairness of penalty reduction by the Tribunal.

Analysis:
The judgment by the High Court of Allahabad dealt with the case of an assessee, a sugar manufacturer and exporter, who exported 2496MT of sugar without obtaining Export Release Orders from the competent authority. The Assessing Officer issued a show cause notice for confiscation of the sugar and penal action under Sections 113(D), 114(i), and 114(AA) of the Customs Act, 1962. The petitioner admitted the absence of Export Release Orders but argued that the export was for fulfilling obligations under the 'Advance License Scheme' and had been approved by the Ministry of Finance. The Assessing Officer found the assessee liable for penal action under Section 114(i) for failing to obtain the necessary release order before export.

The Tribunal, as the final fact-finding authority, confirmed the violation of the Customs Act by the assessee and reduced the penalties imposed. The penalties were reduced from rupees one crore to rupees ten lacs under both Sections 114(i) and 114(AA) for the assessee, and from rupees 10 lacs to rupees 50,000 for the individual involved. The Commissioner Customs, NOIDA challenged the penalty reduction, but the High Court upheld the Tribunal's decision. The Court noted the Tribunal's findings regarding the failure of the assessee to utilize the imported raw sugar for manufacturing the exported sugar, as required by the 'Advance Authorization.'

The Court emphasized the requirement of physical incorporation of imported input in the export product, which the assessee failed to establish. The Tribunal's reduction of penalties was deemed fair and appropriate, and the Court found no grounds for further reduction. Ultimately, the Court dismissed the appeals, stating that no legal questions arose and that the penalties were justified based on the violations of the Customs Act.