2018 (12) TMI 267 - HC - Customs

Import of polished marble slabs - restricted item or not - notification dated 30th June, 2008 - Confiscation - quantum of redemption fine and penalty - Held that - When the assessee imported marble slabs, the commodity was placed in a list of free import only as long as the CIF value was above 50 USD per square meter. Admittedly, the marble imported by the assessee was valued substantially below the said figure. The assessee s offer to pay customs duty on higher valuation was only for the purpose of bypassing the requirement of the notification. The Tribunal considering overall facts and circumstances of the case and has already given substantial relief to the assessee in the form of reduced redemption fine and penalty - No further discretionary relief would be justified - appeal allowed in part.

Summary

Issues:
1. Interpretation of Import-Export Policy regarding marble slabs.
2. Assessment of customs duty on marble slab imports below the specified value.
3. Confiscation of goods and imposition of penalties for breach of import conditions.
4. Judicial review of Tribunal's decisions on redemption fines and penalties.

Analysis:
1. The appeals involved a common issue of interpreting the Import-Export Policy concerning marble slabs. The policy specified that marble blocks or tiles below a certain CIF value would not be free for import and subject to licensing conditions. The appellant imported marble slabs valued below the threshold, leading to a dispute over customs duty assessment.

2. The appellant declared the value of imported marble slabs below the specified threshold, resulting in the imposition of customs duty based on a higher notional valuation. The adjudicating authority confiscated the goods, offered redemption fines, and imposed penalties for breaching import conditions, which was challenged in the appeals.

3. The Tribunal partially allowed the appeals by reducing the penalties imposed on the appellant in both cases. The Tribunal considered the overall facts and circumstances, leading to a reduction in redemption fines and penalties. The appellant argued that there was no malicious intent and that the import was not prohibited if a license was obtained.

4. The High Court reviewed the Tribunal's decisions on redemption fines and penalties. In one case, the Court found no reason to entertain the appeal as the import value was substantially below the threshold, and the appellant's offer to pay customs duty on a higher valuation was to bypass the notification requirements. In the other case, the Court found no error in the confiscation of goods but modified the redemption fine and penalty based on a different yardstick from a previous case, ultimately allowing the appeal in part.

By analyzing the issues involved in the judgment, the High Court clarified the interpretation of the Import-Export Policy, assessed customs duty on imports below the specified value, reviewed the confiscation of goods and penalties imposed, and provided a detailed analysis of the Tribunal's decisions on redemption fines and penalties in the respective appeals.