2016 (2) TMI 324 - AT - Customs

Import of wrong goods - The declared importer refused to take the consignment - and therefore, the appellant, who was also a exporter of the consignment from the Singapore, approached the Revenue with a request to permit re-export of goods or to permit sale to a new buyer. - consignment was examined and it was found that it contained not only Blank Video Cassettes as declared in IGM but also 30 Panasonic Video Cameras, which were not declared in the IGM - request to permit re-export of goods or to permit sale to a new buyer. Held that - the entire case has been made on account of earlier mis-conduct and mis-declaration of the importer and exporter. In respect of this consignment also, there was certain signs which created suspicion. The Bill of Lading did not have complete description of all the goods and as a result, the Import General Manifest (IGM) also did not contain the complete description of goods imported. The boxes in which the goods were exported did not have the importer s name nor it have the correct description of the product. The importers have neither filed Bill of Entry nor claimed the goods and have practically abandoned the goods. It is seen that while there is a good reason to suspect the intention of the appellant, there is no evidence that the goods would have been mis-declared in the Bills of Entry. Appellants allowed to re export the consignment. - Decided in favor of appellant.

Summary

Issues: Mis-declaration of goods, Customs Valuation Rules, Confiscation of goods, Re-export permission

Mis-declaration of goods:
The case involved the mis-declaration of goods by the appellant, M/s Quality Export House Pte Ltd., Singapore, supplied to M/s Agarwal Photo Sales. The goods were declared as "Blank Video Cassettes" but were found to also contain 30 Panasonic Video Cameras, which were not declared. The importer refused to accept the consignment, leading to a request for re-export or sale to a new buyer. The Revenue rejected the value of the goods under Customs Valuation Rules, leading to a demand for duty, redemption fine, and penalty. The appellant challenged the allegations of mis-declaration, arguing discrepancies between the Bill of Lading and invoices, and the lack of examination of specific Customs Valuation Rules by the Commissioner.

Customs Valuation Rules:
The Customs Valuation Rules, specifically Rules 4 to 8, were not examined by the Commissioner before resorting to Rule 9 for valuation. The appellant contended that the charges for rejecting declared values were unsustainable in law. Citing a previous decision by the Hon'ble Bombay High Court, the appellant argued that in cases where importers abandon goods and fail to file a Bill of Entry, the title of goods remains with the exporter. The appellant sought relief based on the interpretation of relevant Customs Valuation Rules and legal precedents.

Confiscation of goods:
The original adjudicating authority confirmed the demand, leading to the confiscation of goods and imposition of penalties. The Commissioner (Appeals) upheld the decision, prompting the appellant to appeal before the Tribunal. The Tribunal considered the suspicious circumstances surrounding the case, including incomplete descriptions in the Bill of Lading and the absence of importer details on the boxes. Drawing parallels with a previous case, the Tribunal found that the importer had virtually abandoned the goods, leading to a decision in favor of the appellant for re-export of the consignment.

Re-export permission:
The Tribunal, referencing a case involving similar circumstances, granted the appellant permission to re-export the goods, following the legal principle that in cases of importer abandonment and non-filing of Bill of Entry, the ownership of goods remains with the exporter. The decision highlighted the lack of justification for detaining goods abandoned by consignees and emphasized the importance of legal procedures and evidence in such cases.

This detailed analysis of the judgment highlights the issues of mis-declaration of goods, the application of Customs Valuation Rules, the confiscation of goods, and the permission for re-export, providing a comprehensive overview of the legal arguments and decisions made by the Tribunal based on the facts presented in the case.