2018 (10) TMI 109 - AT - Customs

Misdeclaration of imported goods - import on High Sea Sales basis - it was found that the consignment contained seconds/defective/CRGO sheets/strips - enhancement of value - confiscation - penalty - Held that - The appellant had admittedly imported the goods on High Sea Sale basis and has filed a declaration based upon the documents issued by the foreign supplier. It is the appellant only, who made a request for first check as also for mutilation of the goods. Said request of the assessee stand accepted by the Revenue and the goods were allowed to be cleared only after mutilation. In such a scenario, the enhancement of the value, confiscation of the goods and imposition of penalties are not justified. The entire case of the Revenue is based upon visual examination of the goods by the Customs officers and there is no expert opinion on record to show that the goods were actually usable as steel sheets/strips. There is no justification for enhancing the value of the goods or to confiscate the same or to impose penalties upon the appellants - appeal allowed - decided in favor of appellant.

Summary

Issues: Mis-declaration of goods, enhancement of value, confiscation of goods, imposition of penalties

Mis-declaration of goods:
The appellant purchased a consignment on High Sea Sales basis, declaring the goods as steel scrap at a certain value. However, upon examination, it was found to contain seconds/defective/CRGO sheets/strips. The original adjudicating authority observed mis-declaration due to the nature of the goods and imposed penalties and enhanced the value of the consignment. The appellant's request for mutilation of the goods was accepted by the Revenue, indicating acknowledgment of the nature of the goods. The Tribunal found that the enhancement of value, confiscation of goods, and penalties were not justified in this scenario.

Expert opinion and precedent:
The case relied heavily on visual examination by Customs officers, lacking expert opinion on the usability of the goods as steel sheets/strips. Precedents such as the case of Antartic Industries Ltd. v. Collector of Customs highlighted the importance of considering goods as scrap when requested by the importer for mutilation. The Tribunal emphasized that the nature of the goods as scrap should determine valuation and treatment, not their original form. Citing cases like Lakhotia Udyog v. Union of India, the Tribunal reiterated that goods ordered for mutilation should be treated as scrap, not their original form. Rulings from other cases like Hardik Industrial Corporation v. Collector of Customs and Rama Industries v. Union of India supported this interpretation.

Conclusion:
The Tribunal found no justification for the actions taken against the appellants, including enhancing the value, confiscating the goods, and imposing penalties. The impugned orders were set aside, and both appeals were allowed with consequential relief. The judgment emphasized the importance of considering goods as scrap when requested for mutilation by the importer, aligning with established legal precedents and expert opinions in similar cases.