2009 (8) TMI 117 - HC - Customs

Summary

Issues involved: Undervaluation of goods, show cause notice for importing goods in another company's name, imposition of duty and penalty, appeal before CESTAT, ownership of imported goods.

Undervaluation of goods: The appellant filed a bill of entry for imported goods which were subsequently found to be undervalued. A show cause notice was issued regarding the undervaluation and other irregularities found during the investigation related to another company. The appellant denied mis-declaring the value of the goods and argued that they had received a commission from the other company for using their name for importing the goods.

Imposition of duty and penalty: The assessing officer directed the appellant to pay duty for the undervalued goods along with interest under Section 28AB of the Customs Act. No penalty was imposed on the appellant, but a penalty was imposed on an individual associated with the appellant.

Appeal before CESTAT: The appellant and the individual filed an appeal before the CESTAT challenging the imposition of duty. The Tribunal noted that the appellants were aware of the mis-declaration of value and upheld the duty imposed on the appellant.

Ownership of imported goods: In the appeal before the High Court, the appellant argued that they were not the owners of the imported goods, and therefore, duty should not have been imposed on them. The appellant relied on a judgment and the definition of "importer" under Section 2(26) of the Customs Act to support their argument.

High Court Judgment: The High Court dismissed the appeal, stating that the appellant, who filed the bill of entry and paid customs duty, could be considered the owner of the goods under Section 46 of the Customs Act. The Court emphasized that failure to disclose ownership in the bill of entry does not absolve the importer of ownership. The Court distinguished a previous judgment cited by the appellant, stating it was not applicable to the current issue. The appeal was dismissed based on the concurrent findings of fact.