2008 (3) TMI 127 - AT - Customs

Duty free clearances of imported rough diamonds was sought against REP Licence on examination goods were found semi precious stones - appellant company were unaware that they will be importing worthless semi precious stones in place of rough diamonds valid REP licence produced by assessee so custom duty not payable hence penalty not justified Since the appellants have already relinquished the title of the semi precious stones we are not recording any findings on the same

Summary

Issues:
1. Confiscation of consignment of "Colorless Sapphire" with an option to redeem.
2. Imposition of penalties on the appellant company and the Chairman.
3. Misdeclaration of goods leading to seizure and investigation.
4. Dispute over the nature of imported goods - "rough diamonds" vs. "semi precious stones".
5. Allegations of overvaluation and intention to remit extra foreign exchange.
6. Applicability of penalty under Section 112 of the Customs Act, 1962.
7. Validity of REP licenses and duty exemption.
8. Dispute resolution regarding penalty imposition.

Detailed Analysis:
1. The appeals were filed against an order confiscating a consignment of "Colorless Sapphire" with penalties imposed on the appellant company and its Chairman. The goods were initially declared as rough diamonds but were found to be semi-precious stones upon examination, leading to a seizure and investigation.

2. The adjudicating authority concluded that there was overvaluation with the intention to remit extra foreign exchange. The Chairman's claim of being cheated was dismissed, alleging active involvement in misdeclaration. The appellants contested these findings, emphasizing their bona fide belief in importing rough diamonds.

3. The appellant company, a star exporter in diamond business, claimed they were misled into the deal by a third party. They argued that they disowned the consignment upon inspection and had no intention of misdeclaration. They cited relevant case laws to support their defense against penalty imposition.

4. The opposing view contended systematic planning to import semi-precious stones as rough diamonds for repatriation of foreign exchange. They argued that the appellant company was aware of the actual nature of the goods and questioned the validity of their defense.

5. The Tribunal analyzed statements and evidence, concluding that the appellants were under a bona fide belief of importing rough diamonds, supported by valid REP licenses. They found no evidence of deliberate misdeclaration or intention to remit extra foreign exchange.

6. Citing precedents, the Tribunal held that penalty under Section 112 of the Customs Act is not imposable when misdeclared goods are not dutiable. They emphasized the importance of knowledge in penalty imposition, ruling in favor of the appellants due to their lack of awareness regarding the imported goods.

7. Ultimately, the Tribunal set aside the penalty imposed on the appellant company and the Chairman, acknowledging their relinquishment of the title to the semi-precious stones. The appeals were allowed with consequential relief granted to the appellants.

This detailed analysis of the judgment highlights the key issues, arguments presented by both sides, relevant legal principles, and the Tribunal's final decision in favor of the appellants.