2017 (9) TMI 1501 - AT - Customs

Seizure of goods - Betel nuts - department is of the view that the respondent had not been able to satisfactorily explain the procurement of the goods - Held that - the Customs officers merely proceeded on the basis of information collected through sources - it is well settled that the onus lies with the department to establish that the goods are of foreign origin in respect of non-notified goods. The claim of the department that the respondent failed to produce the evidence of procurement of goods is fallacious and cannot be accepted - appeal dismissed - decided against Revenue.

Summary

Issues:
- Confiscation of goods and imposition of penalties by Customs officers
- Claim of goods being of Indian origin
- Burden of proof on department to establish foreign origin of goods
- Admissibility of documents produced by respondent
- Upholding of Commissioner(Appeals) order

Analysis:
The case involved the confiscation of goods and imposition of penalties by Customs officers on a truck carrying Betel Nuts due to lack of transportation documents. The respondent claimed that the goods were of Indian origin and produced documents to support this claim, including a Road Challan, Money Receipt, and credit memo. The department alleged that the respondent did not satisfactorily explain the procurement of the goods and relied on information from sources. However, the Tribunal found that the respondent had provided sufficient evidence of the goods' Indian origin, which are non-notified items under the Customs Act. The Tribunal emphasized that the burden of proof lies with the department to establish foreign origin for non-notified goods, and the attempt to shift this burden onto the respondent was deemed unacceptable. The Tribunal also noted that the documents produced by the respondent were admissible and supported their contention, leading to the dismissal of the department's claim of lack of evidence of procurement.

The Tribunal upheld the order of the Commissioner(Appeals) who set aside the Adjudication order, emphasizing that the facts and circumstances of the case, along with the documents provided by the respondent, were sufficient to support the decision. The Tribunal concluded that the seizure and confiscation of the goods were without jurisdiction, and the department's claim of the respondent failing to produce evidence of procurement was fallacious. Therefore, the appeal filed by the Revenue was dismissed, and the order of the Commissioner(Appeals) was upheld, leading to the release of the confiscated goods and the truck, as well as the removal of imposed penalties on the respondent.