2021 (11) TMI 343 - AT - Customs

Smuggling (illicit import) or goods of domestic origin - Betel Nuts - Seizure and confiscation of goods - Levy of penalty - The ground for seizure and subsequent confiscation is that the owners/occupants were not able to prove the licit import of Betel Nuts which DRI suspected to be of foreign origin. The GST Invoice, E-Way Bills etc. produced by the Appellant were found to be not satisfactory. HELD THAT - Even if the goods are of foreign origin, if they have been imported and cleared for home consumption, they cease to be imported goods thereafter and the importer ceases to be the importer. Therefore, no duty can be assessed on such goods under Section 17 of the Customs Act, 1962. There is also no responsibility on the importer or to any other person from whom the goods are seized to keep or produce the import documents to establish their legal import once they have been cleared for home consumption. The goods can be used, sold, re-sold etc. without any duty either on the importer or any subsequent buyer of such goods to keep or produce the import documents. Of course, if the goods have been smuggled into India, not through the designated Customs Ports, Airports or Land Customs Station, they will be liable for confiscation, but it must be established that the goods have been so imported. In this case, the goods were clearly seized within India. The burden to prove shifts to the importer or the owner of the goods only when such goods are notified under Section 123 and Betel Nuts were not notified. The Department has not proved in this case that the goods were smuggled goods. - The impugned order is set aside and the Appeals are allowed with consequential relief to the Appellants, if any.

Summary

Issues:
Seizure and confiscation of Betel Nuts suspected to be of foreign origin, Burden of proof under Section 123 of the Customs Act, 1962, Definition of smuggling under Section 2(39), Definition of imported goods and importer under Section 2(25) and 2(26).

Seizure and Confiscation of Betel Nuts:
The case involved the Directorate of Revenue Intelligence (DRI) intercepting a truck with Betel Nuts suspected to be of foreign origin. Despite the Appellants producing GST Invoices and other documents to prove the domestic origin of the goods, DRI seized the consignment and issued a Show Cause Notice. The Additional Commissioner of Customs ordered absolute confiscation of the Betel Nuts, confiscation of gunny bags, and imposed penalties on various individuals involved in the transportation and ownership of the goods.

Burden of Proof under Section 123:
The Tribunal analyzed Section 123 of the Customs Act, 1962, which shifts the burden of proof to the person from whom the goods are seized or the owner of the goods in cases of suspected smuggling. However, it was noted that this burden only applies to goods notified under the section, such as gold or other specified items. As Betel Nuts were not notified under Section 123, the Appellants were not obligated to prove that the seized goods were not smuggled.

Definition of Smuggling and Imported Goods:
The judgment referred to the definition of smuggling under Section 2(39) as any act rendering goods liable to confiscation. It also clarified that once goods are imported and cleared for home consumption, they cease to be considered imported goods. Therefore, no duty can be assessed on such goods under the Customs Act. The burden of proof shifts to the importer or owner only when the goods are notified under Section 123, which was not the case with the Betel Nuts in question.

Analysis and Conclusion:
The Tribunal found that the Revenue failed to establish that the seized Betel Nuts were smuggled goods. As the burden of proof rested on the Revenue, and Betel Nuts were not notified under Section 123, the Appellants were not required to prove the legality of the goods. Since the goods were seized within India and there was no evidence of illegal importation, the impugned order of confiscation was set aside, and the Appeals were allowed in favor of the Appellants.