2016 (9) TMI 25 - AT - Customs

Imposition of redemption fine - transmission of higher value to the exporter flow of money to the exporter in China mistake on the part of exporter mistake detected, rectified and import made on actual value - Held that - this is not a case of any innocence of the exporter but it was well within the knowledge of the exporter and the appellant was in the process of clearance of the goods. When it was detected, the undervaluation was noticed redemption fine not justified. Imposition of penalty under section 112(a) of the Customs Act, 1962 Held that - The mis-declaration having been made is liable for confiscation, reduced amount of penalty imposed order of appellate authority modified decided partly in favor of appellant.

Summary

Issues: Undervaluation of imported goods; Imposition of redemption fine; Penalty under section 112(a) of the Customs Act, 1962

Undervaluation of imported goods:
The appellant contended that the undervaluation was an inadvertent mistake by the exporter, not intended for evasion. The import was agreed at USD 48, but invoices valued the goods at USD 46, which was rectified before the import. However, the Revenue argued that without detection, the goods would have evaded confiscation. The Tribunal noted an understanding between the parties on the import value, attributing the mistake to both sides. The appellant's plea for leniency due to being an importer under advance authorization was rejected, and a redemption fine of 10% of the goods' value, amounting to &8377; 1,80,000, was imposed.

Imposition of redemption fine:
Considering the total value of the goods at &8377; 18,00,199, the Tribunal found the redemption fine of &8377; 1,80,000 to be justified. The fine was imposed in light of the undervaluation issue and the circumstances surrounding the import process. The Tribunal upheld the imposition of the redemption fine as a proportionate measure in response to the undervaluation of the imported goods.

Penalty under section 112(a) of the Customs Act, 1962:
The penalty under section 112(a) of the Customs Act, 1962 was imposed appropriately for mis-declaration leading to confiscation. However, the penalty amount was reduced from the initial imposition to &8377; 1,00,000. The Tribunal modified the order of the appellate authority, partially allowing the appeal while acknowledging the mis-declaration and the consequent penalty under the Customs Act.

In conclusion, the judgment by the Appellate Tribunal CESTAT CHENNAI addressed the issues of undervaluation of imported goods, the imposition of a redemption fine, and the penalty under section 112(a) of the Customs Act, 1962. The decision highlighted the inadvertent nature of the undervaluation, the justification for the redemption fine based on the goods' total value, and the appropriate imposition of penalty under the Customs Act for mis-declaration leading to confiscation.