2015 (8) TMI 340 - HC - Customs

Suspension of the courier licences - Illegitimate benefit of duty free Bona fide gifts Appellant was importing unaccompanied baggages of passengers and goods intended for trade or business in guise of bona fide gifts and illegitimately availing benefit of duty of free Held that - once an authorisation is not produced, the courier agent becomes the importer - Tribunal decision following its own decision in the case of Indus Logistics 2015 (8) TMI 354 - CESTAT BANGALORE cannot be found fault with. As per regulations 12, authorised courier, acts as agent of consignor or consignee and they were bound to furnish bond as contemplated under regulations As per Regulation 13 obligation was cast on authorised courier to obtain authorisation from each of consignees Therefore, finding of Appellate Tribunal cannot be found fault with Subject-matter of case was relating to alleged illegalities committed by appellants while transacting business as couriers carried on by them as per regulation No reason to interfere with order passed by Tribunal Appeals dismissed Decided against Appellant.

Issues Involved:
1. Legitimacy of the importation of goods as bona fide gifts.
2. Compliance with statutory formalities by the Commissioner of Customs.
3. Requirement and validity of authorizations from consignees.
4. Assessment of customs duty on imported goods.
5. Liability of courier agents to pay customs duty.
6. Maintainability of the appeals before the High Court.

Detailed Analysis:

1. Legitimacy of the Importation of Goods as Bona Fide Gifts:
The appellants, who are holders of courier registration certificates, were accused of importing unaccompanied baggages and goods intended for trade or business under the guise of bona fide gifts to illegitimately avail duty-free provisions. The original authority and the Appellate Tribunal found that the imports were made in the names of non-existent consignees, and there was no evidence to support that the goods were bona fide gifts. The details of such non-existent consignees were not brought on record.

2. Compliance with Statutory Formalities by the Commissioner of Customs:
The appellants argued that the Commissioner of Customs, Thiruvananthapuram, suspended their courier licenses without complying with statutory formalities and without furnishing copies of the documents relied upon. The suspension orders were later set aside by the Chief Commissioner, but the demand for customs duty and cess was confirmed without extending an opportunity for cross-examination.

3. Requirement and Validity of Authorizations from Consignees:
According to Regulation 13(a) of the Courier Imports and Exports (Clearance) Regulations, 1998 (CIECR), the appellants were required to obtain authorization from each consignee. The Tribunal noted that the demand for duty could be limited to one year prior to the issue of the show-cause notice if authorizations were obtained and handed over to customs. The Tribunal remanded the matter to the assessing authority to ascertain whether authorizations were available and to permit cross-examination of officers if requested by the appellants.

4. Assessment of Customs Duty on Imported Goods:
The Tribunal observed that customs duty was calculated on a uniform rate without assessing individual bills of entry. It was noted that Section 44 of the Customs Act, 1962, which the Department relied upon, applies only to passenger baggages and postal articles, not to goods brought through courier. The Tribunal remanded the matter for a fresh decision on the correct assessment of the bills of entry and the correct rate of duty.

5. Liability of Courier Agents to Pay Customs Duty:
The Tribunal held that once an authorization is not produced, the courier agent becomes the importer. The appellants contended that the maximum liability under Regulation 11 is Rs. 5,00,000/-, and it was not proper to impose the duty payable by the consignees on them. However, the Court found that under Regulation 12, the appellants are bound to furnish bond and security, making them liable to pay customs duty not levied or short-levied. Regulation 13 further obligates the authorized courier to obtain authorization from consignees and act as their agent, thus suffering the consequences under the Regulations and the bond.

6. Maintainability of the Appeals Before the High Court:
The respondent argued that appeals involving questions related to the rate of duty of customs or the value of goods should be filed before the Supreme Court under Section 130E of the Customs Act, 1962. However, the Court held that the subject matter of the case relates to the alleged illegalities committed by the appellants while transacting business as couriers, making the appeals maintainable before the High Court.

Conclusion:
The High Court upheld the Tribunal's order, finding no reason to interfere. The appeals were dismissed, affirming the Tribunal's decision to remand the matter to the assessing authority for a fresh decision on merits, ensuring that the appellants are given a reasonable opportunity to present their case.

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