2016 (11) TMI 754 - AT - Customs

Smuggled goods - burden of proof - SS coils of grade 304 - some importers of Chennai are importing stainless steel coils under DEEC licence claiming the benefit of Customs Notification and diverting the same into local market for sale in violation of the conditions of Notification - whether the goods are smuggled goods? - Held that - the documents issued by the dealers of the goods were produced before the lower authorities. The statement of the proprietor of the appellant also indicates that they are in the business of trading of SS coils and sheets, but they have never imported SS coils and sheets. Having not controverted the said purchases made by the appellant from the local dealers, we find the burden of proof has not been discharged by the departmental authorities that the goods were of smuggled nature and that they had been illicitly imported without payment of duty. As regards the claim of the lower authorities that the goods were of imported nature, we find that except for one coil, no markings were found on any of the coils, hence whether the seized goods were imported or otherwise is itself in doubt. In such a factual matrix, we find that the ratio of the judgment of the Hon ble High Court of Bombay in the case of Aakash Enterprises 2006 (3) TMI 174 - HIGH COURT OF JUDICATURE AT BOMBAY squarely covers the issue in favor of the appellant herein. Confiscation set aside - appeal allowed.

Summary

Issues:
1. Whether the appellant is liable for duty on seized stainless steel coils.
2. Whether the confiscated goods can be redeemed.
3. Whether penalties imposed on the appellant are justified.

Analysis:

Issue 1: Liability for Duty on Seized Coils
The appellant purchased stainless steel coils locally from Indian sellers. The authorities seized the coils suspecting them to be imported and diverted for sale in violation of Customs Notification conditions. The appellant contested the show cause notice, arguing that the goods were purchased locally. The burden of proof was on the Customs authorities to establish smuggling, which they failed to do. The appellant provided documents to support their claim of local purchase. The High Court precedent emphasized that the burden lies on Revenue to prove smuggling in cases of non-notified goods. The authorities failed to link the seized coils to specific imports under DEEC license. The appellate tribunal found that the appellant had purchased the coils from local dealers, and the burden of proof was not discharged by the authorities regarding smuggling or illicit import without duty payment.

Issue 2: Redemption of Confiscated Goods
The lower authorities confiscated the goods under Sections 111(d) and (o) of the Customs Act, 1962. However, the tribunal found that the factual position indicated the appellant's purchases from local dealers and the lack of markings on most coils raised doubts about their imported nature. Citing the High Court judgment, the tribunal concluded that confiscation under Section 111(d) and (o) was not warranted in this case.

Issue 3: Imposition of Penalties
The authorities imposed penalties on the appellant along with confiscation. The tribunal, based on the lack of evidence supporting smuggling or illicit import, set aside the impugned order, ruling it unsustainable. The appeal was allowed with consequential relief, indicating that penalties imposed were not justified in the absence of proof of wrongdoing by the appellant.

In summary, the appellate tribunal held that the appellant was not liable for duty on the seized coils as the burden of proof regarding smuggling or illicit import was not met by the Customs authorities. The confiscation of goods and penalties were set aside, emphasizing the lack of evidence supporting the allegations against the appellant.