2015 (9) TMI 84 - HC - Customs

Waiver of Penalty Release of confiscated goods Whether Tribunal was justified in holding that goods in question were not liable for confiscation under Section 111(p) and deleted penalty imposed under Section 112 of Customs Act, 1993 Held that - Tax Appeal was not maintainable as upon whom penalty was imposed along with respondent has not been made party Even company was not made party to this appeal Since judgment of Tribunal had become final this appeal challenging penalty imposed upon respondent would not be maintainable Tax Appeal dismissed and order of confiscation set aside Decided in favour of Appellant.

Summary

Issues:
1. Maintainability of the Tax Appeal
2. Justification of Tribunal's decision on confiscation and penalty

Issue 1: Maintainability of the Tax Appeal
The High Court noted that the Tax Appeal was admitted based on substantial questions of law regarding the confiscation of goods and the penalty imposed under the Customs Act, 1993. However, the Court found that the appeal was not maintainable as a crucial party, Pankaj Manubhai Shah, upon whom a penalty was imposed, was not made a party in the appeal. Additionally, the company involved in the case was also not made a party, and the Tribunal's order had become final for them. The Tribunal had set aside the confiscation order under Section 111(p) of the Customs Act, 1962, based on the amendment declaring "synthetic yarn" as notified goods. The Court highlighted that since the Tribunal's decision had become final for the company and another director, the appeal challenging the penalty imposed on a different party would not be maintainable.

Issue 2: Justification of Tribunal's decision on confiscation and penalty
The High Court further explained that the Tribunal's decision to set aside the confiscation order was based on the amendment declaring "synthetic yarn" as notified goods, following the precedent set by the Delhi Tribunal in a similar case. As the Tribunal's decision had become final for certain parties, the appeal challenging the penalty imposed on a different party was deemed not maintainable. Consequently, the Court dismissed the Tax Appeal, stating that once the confiscation order had been held to be invalid, the penalty imposed could not be sustained. The Court concluded that since the order of confiscation had been set aside and had become final, the penalty imposed pursuant to that order could not be upheld, leading to the dismissal of the appeal.