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2015 (10) TMI 959 - HC - CustomsPenalty for mis-declaration and misclassification of the goods in terms of Section 111(m) of the Customs Act and under Section 112(a) of the Customs Act Held That - Admittedly the importer had paid anti-dumping duty with redemption fine. The plea apparently is only redemption fine and penalty to be set aside. In such circumstances, the Tribunal was not correct in coming to the conclusion that there is no case for misdeclaration or misclassification. On facts, it is found that it is a case of misdeclaration and duty has been admittedly paid by the importer and redemption fine also paid; hence, penalty is imposable. If the goods are liable for confiscation under Section 111(m) of the Customs Act, the consequence by way of redemption fine and penalty can be imposed and the Authorities have duly considered the improper import and levied reasonable redemption fine and penalty. Appeal allowed and decided in favour of the Revenue.
Issues:
1. Misdeclaration and misclassification of goods to evade payment of Anti Dumping Duty. 2. Confiscation of goods under Section 111(m) of the Customs Act, 1962. 3. Penalties levied under Customs Act, 1962. Analysis: Issue 1: Misdeclaration and misclassification of goods to evade payment of Anti Dumping Duty The case involved an importer who attempted to evade payment of anti-dumping duty by misdeclaring and misclassifying parts of CFL lights. The Original Authority found that misdeclaration led to an evasion of Anti Dumping Duty and ordered re-assessment of the bill of entry, imposing the duty and interest. The importer contested the fine and penalty, arguing that classification is a departmental function. The First Appellate Authority upheld the order, emphasizing intentional violation of law and the seriousness of misclassification. The Tribunal focused on the payment of admitted duty and redemption fine, setting aside the penalty. The High Court held that misdeclaration and duty payment by the importer justified the imposition of penalty, restoring the lower authority's order. Issue 2: Confiscation of goods under Section 111(m) of the Customs Act, 1962 The Original Authority ordered confiscation of the misdeclared consignment of CFL lights under Section 111(m) of the Customs Act, 1962, with an option for redemption on payment of a fine. The First Appellate Authority upheld the confiscation, emphasizing the seriousness of intentional violations. The Tribunal set aside the confiscation based on the importer's payment of duty and redemption fine. The High Court found that the goods were liable for confiscation due to misdeclaration, justifying the redemption fine and penalty, and restored the lower authority's order. Issue 3: Penalties levied under Customs Act, 1962 Penalties were imposed on the importer under Section 112(a) of the Customs Act, 1962, by the Original Authority. The importer challenged the penalties before the First Appellate Authority, arguing against misclassification. The Tribunal set aside the penalties based on a previous decision and the importer's payment of duty and fine. The High Court disagreed with the Tribunal, emphasizing the importer's misdeclaration and duty payment, justifying the penalties. The Court restored the penalties imposed by the lower authority. In conclusion, the High Court allowed the appeal filed by the Department, setting aside the Tribunal's order and upholding the penalties and confiscation imposed by the lower authorities. The Court found the importer liable for misdeclaration and upheld the penalties under the Customs Act, 1962.
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