2008 (11) TMI 183 - AT - Customs

Prohibited Goods - war material - there is nothing on record to show involvement of the importer or any intention to import the prohibited material we find no justifiable ground to take a view different than one taken in the case of M/s. Rajhans Metals Ltd. absolute confiscation upheld penalty set aside.

Summary

Issues:
1. Confiscation of war material and balance goods.
2. Imposition of penalty.
3. Challenge to penalty of Rs. 75,000.

Analysis:
1. The appellants imported Brass Scrap Honey, and during examination, 90 kgs of empty cartridges considered as war material were found. The original adjudicating authority ordered absolute confiscation of war material and imposed a penalty. The Commissioner (Appeals) modified the order by upholding the confiscation of empty cartridges but setting aside the confiscation of balance brass scrap and reducing the penalty to Rs. 75,000. The present appeal challenges only the penalty.

2. The appellant argued that there was no deliberate attempt to import war material, as they were unaware of its presence in the consignment dispatched from a non-war-torn country. They cited a Tribunal's decision where a penalty was set aside in a similar case. The Revenue contended that the presence of war material justified imposing a penalty, citing another Tribunal's decision.

3. The Tribunal found that the war material was already confiscated by Revenue and penalizing the importer further was not justified, considering there was no evidence of the importer's awareness of the material. They referred to a Division Bench decision where a penalty was set aside in a similar case, emphasizing that Division Bench decisions take precedence over Single Member decisions. Therefore, the Tribunal upheld the confiscation of war material but set aside the penalty of Rs. 75,000 imposed on the appellant.

This judgment highlights the importance of evidence and precedent in determining penalties for customs violations, emphasizing the need for justifiable grounds to impose penalties on importers.