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2017 (12) TMI 513 - AT - CustomsSmuggling - Gold Strip (Vaddanam) worn on their waist - It was alleged that the Appellants attempted to smuggle the same and thus the impugned goods are liable for confiscation - Baggage Rules - Held that - the Appellants were wearing the gold strips i.e Vaddanam on their waist and the same was not carried by them in their baggage. However the same was not disclosed to the officers and after enquiry by the officers the same was revealed to the officers - The adjudicating authority in his findings has held that the Gold strip was only covered by the Appellants for safety purposes and has not concealed them ingeniously with an intention to escape detection by the customs authorities and the same may not have been declared to the department may be due to ignorance of law - the Appellant did not intend to smuggle the goods. Applicability of baggage rules - rate of duty - Held that - the Hon ble High Court of Kerala in case of VIGNESWARAN SETHURAMAN Vs. UNION OF INDIA 2014 (12) TMI 268 - KERALA HIGH COURT held that the ornaments worn on the person cannot be considered as baggage - the goods in question cannot be classified and taxed as Baggage - the impugned goods shall be liable for duty at the tariff rate i.e 15% adv. as was in force at the material time. Redemption fine - penalty - Held that - the intention to evade duty was absent in the present case - the Appellant be charged with reduced amount of redemption fine and penalty u/s 112 (a) - penalty u/s 114AA set aside. Appeal allowed in part.
Issues:
1. Appellants found carrying gold strip on arrival from Singapore through green channel. 2. Allegation of attempted smuggling and confiscation of impugned goods. 3. Exemption under Notification No.12/2012 Cus dt. 17.03.2012. 4. Appellants' appeal against the order of adjudicating authority. 5. Classification of gold strip as baggage or under Customs Tariff. 6. Imposition of redemption fine and penalties. Analysis: 1. The Appellants were found carrying gold strips on their arrival from Singapore through the green channel. The gold strips, known as Vaddanam, were worn around their waist and not concealed in baggage. The adjudicating authority alleged that the Appellants attempted to smuggle the gold strips, leading to the confiscation of the goods. 2. The adjudicating authority held that the Appellants were not entitled to exemption under Notification No.12/2012 Cus dt. 17.03.2012. However, it was noted that the Appellants did not intend to smuggle the goods, as they wore the gold strips openly for safety reasons. The authority imposed penalties and redemption fine under the Customs Act, 1962. 3. The Appellants appealed to the Commissioner (Appeals) seeking the benefit of the notification and arguing that the gold strips were worn personally and not from baggage, thus duty should not be charged at the baggage rate. The appellate authority dismissed the appeal, leading to the present appeal. 4. The Appellants' counsel argued that the gold strips should not be considered baggage but classified under the Customs Tariff for duty calculation. Citing a Kerala High Court case, it was contended that goods worn on the person should not be classified as baggage. The duty should be levied according to the goods' classification under the tariff. 5. The Tribunal, after considering the arguments, found that the gold strips were not concealed to evade customs authorities and were not intended for smuggling. Following the Kerala High Court case precedent, the Tribunal held that the goods should be taxed at the tariff rate of 15% adv. applicable at the time. 6. Regarding penalties and redemption fines, the Tribunal noted that the Appellants did not have the intention to evade duty. Therefore, the imposition of penalties and fines was reduced. Each Appellant was held liable for a reduced redemption fine and penalty, with the penalty imposed under Section 114AA being set aside based on the findings. 7. In conclusion, the Tribunal disposed of all appeals with the Appellants being liable for reduced penalties and redemption fines, as per the detailed analysis and legal principles applied in the judgment.
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