2018 (2) TMI 958 - AT - Customs

Valuation - exported steel plates - goods overvalued to get higher DEPB benefits - Held that - no active involvement of the officers has emerged from the available records except carelessness on their part. The value declared by the exporter has not given any benefit to the officer. When it is so, there is no justification in the impugned order. Penalty of Rs One lakh each on the appellants set aside - remaining order upheld - appeal allowed in part.

Summary

Issues:
- Appeal against Order-in-Original No.9/2013 dated 21.11.2013
- Allegation of over-valuation of exported goods for higher DEPB benefit
- Confiscation of goods and imposition of penalties on officers
- Appeal challenging penalty of Rs. One lakh each on officers
- Lack of financial gain from acts of omission by officers
- Departmental proceedings and promotions of the officers
- Observations by the Commissioner regarding lack of knowledge or financial gain
- Decision on the penalty imposed on the officers

Analysis:
The case involved an appeal against Order-in-Original No.9/2013 dated 21.11.2013, where the appellants, three officers posted at ICD, Indore, were penalized under section 114 of the Customs Act for their alleged involvement in the over-valuation of exported goods to obtain higher DEPB benefit. The officers were accused of facilitating fraudulent export without any financial gain from their acts of omission. The appellants challenged the penalty of Rs. One lakh each imposed on them, claiming no active involvement in the fraudulent activities.

During the proceedings, it was revealed that the officers were present during the export of 50550 Pneumatic tools, but the Commissioner observed that there was no proof of their knowledge of the fraudulent activities or any financial gain from their omissions. The departmental proceedings did not yield any substantial evidence of fraud, and one of the officers had already been promoted, while another's disciplinary proceedings were still pending. The Tribunal noted that there was no financial benefit to the officers from the declared higher value of the goods, indicating carelessness rather than active involvement.

After considering the arguments and evidence presented, the Tribunal concluded that there was no justification for the penalty of Rs. One lakh each on the appellants. The Tribunal set aside the penalty imposed on the officers, citing lack of active involvement and financial gain, while upholding the remaining aspects of the order. The appeal filed by the appellants was partially allowed, emphasizing the absence of sufficient grounds to uphold the penalties on the officers.