2017 (2) TMI 184 - AT - Customs

Imposition of penalty u/s 114A of Customs Act, 1962 - failure to specify the name of the firm or individual on whom the penalty u/s 114A of CA, 1962 was fastened - Held that - penalty u/s 114A is liable to be imposed on the person liable to pay duty as determined in proceedings under section 28 - The importer in the present matter has been identified in the impugned order as noticee and has been fastened with differential duty on the enhanced value. Doubtlessly, it is the same entity that is liable to be penalised. There is no requirement for a specific mention of the importer to validate the penalty under section 114A of Customs Act, 1962. The order is not invalidated on that count - imposition of penalty justified. Penalty u/s 112 of CA, 1962 - Held that - While one penalty has been imposed u/s 114A, the penalty of ₹ 23,70,000/- is without reference to any provision, let alone section 112 as presumed by the appellant. Even if such penalty was imposed u/s 112 of Customs Act, 1962, this is a consequence of holding the goods liable for confiscation u/s 111(m) and the adjudicating Commissioner has rendered a finding for doing so - imposition of penalty presumed to be u/s 112, cannot also be faulted. Imposition of penalty both u/s 114A and u/s 112 of Customs Act, 1962 is not improper - revenue dismissed - decided against revenue.

Summary

Issues:
- Appeal against rejection of declared value, enhancement of assessable value, confirmed differential duty, confiscation of goods, imposition of penalty under unspecified provision, and penalty under section 114A of Customs Act, 1962.

Analysis:

1. The appeal was filed by Revenue against the order-in-original of the Commissioner of Customs, Goa, which rejected the declared value, enhanced the assessable value, confirmed differential duty, confiscated the goods, imposed a penalty under an unspecified provision, and imposed a penalty under section 114A of the Customs Act, 1962. The respondent, M/s Merico Enterprises, imported automobile speakers from various countries and the review committee found discrepancies in the imposition of penalties. The appeal sought remand to the adjudicating authority for re-determination of these issues.

2. The impugned order imposed a penalty under section 114A without specifying the person from whom it should be recovered. However, the Member (Technical) found no lacuna in the order as the penalty under section 114A is to be imposed on the person liable to pay duty as determined in proceedings under section 28. The importer was identified in the order as the 'noticee' and was liable for the differential duty, justifying the penalty under section 114A. No specific mention of the importer was deemed necessary to validate the penalty. The appellant did not propose an alternative person liable for the penalty, further supporting the validity of the penalty under section 114A.

3. The order also imposed a penalty of ?23,70,000 without reference to any specific provision, contrary to the appellant's presumption of section 112. Even if this penalty was considered under section 112, it was a consequence of holding the goods liable for confiscation under section 111(m), as determined by the adjudicating Commissioner. Therefore, the imposition of the penalty under section 112 could not be faulted. The imposition of penalties under both section 114A and section 112 of the Customs Act, 1962 was deemed appropriate by the Tribunal.

4. Consequently, the Tribunal dismissed the Revenue's appeal, upholding the impugned order. The judgment clarified the validity of penalties imposed under section 114A and section 112, emphasizing the importer's liability for duties and penalties as determined in the proceedings. The decision provided a comprehensive analysis of the issues raised in the appeal, ensuring clarity on the imposition of penalties and the adjudicating authority's findings.

5. The judgment, delivered by Shri C J Mathew, Member (Technical) at the Appellate Tribunal CESTAT Mumbai, provided a detailed and reasoned analysis of the appeal, addressing the various issues related to the imposition of penalties and the adjudication of duties under the Customs Act, 1962.