2000 (3) TMI 95 - AT - Customs

Summary

Issues Involved:
1. Liability to confiscation of goods under Sections 111(d), 111(l), 111(m), and 111(p) of the Customs Act, 1962.
2. Imposition of penalties under Section 112 of the Customs Act, 1962.
3. Validity of the import licenses and letters of authority.
4. Relevance of trial court findings in adjudication proceedings.

Detailed Analysis:

1. Liability to Confiscation of Goods under Sections 111(d), 111(l), 111(m), and 111(p) of the Customs Act, 1962:
The show cause notice alleged that polyester yarn consignments imported by BVVM were actually imported by TVP using licenses purchased from the State Trading Corporation, which was in contravention of the Import & Export (Control) Order. Consequently, the goods were deemed liable to confiscation under Section 111(d) of the Customs Act, 1962. Moreover, it was alleged that the actual goods did not match the description in the bill of entry, making them liable to confiscation under Sections 111(l) and 111(m) of the Act. Additionally, the failure to comply with Section iv(a) invoked liability under Section 111(p). However, the Commissioner of Customs, in his order dated 14-9-1993, dropped the charges of suppression and mis-declaration but upheld the charges under Section 111(d), confiscating the goods and allowing redemption on payment of a fine.

2. Imposition of Penalties under Section 112 of the Customs Act, 1962:
The show cause notice also invoked Section 112, alleging penalties against several persons, including TVP and BVVM. The Commissioner imposed a penalty of Rs. 3,00,000 on TVP and Rs. 2,00,000 on BVVM. These penalties were contested in the appeals.

3. Validity of the Import Licenses and Letters of Authority:
Shri H.C. Jain argued that TVP did not purchase any licenses/letters of authority, and the prohibition in the Imports & Exports (Control) Act, 1947 did not apply to goods imported under licenses held by a canalizing agency. The Tribunal examined the Imports (Control) Order, 1955, particularly clause (5), which deals with the conditions of licenses. The proviso to sub-clause (3) exempts licenses issued to canalizing agencies from certain prohibitions on transfer. The Tribunal found no express prohibition in the letter of authority issued to BVVM against transfer, and thus, any sale of the letter of authority was not in contravention of the provisions.

4. Relevance of Trial Court Findings in Adjudication Proceedings:
Shri Jain emphasized that the trial court and the Bombay High Court had exonerated TVP in related criminal proceedings, which should have persuasive value in the current proceedings. The Tribunal noted that the trial court had thoroughly examined the evidence and found that TVP did not import the goods and that the imports were authorized under BVVM's valid license. The High Court upheld this finding. The Tribunal cited several judgments, including those of the Madras High Court, which held that acquittal in criminal proceedings could influence quasi-judicial adjudication if the facts and charges were identical. The Tribunal concluded that the trial court's findings should be considered, especially given the identical allegations in the show cause notice and the criminal complaint.

Conclusion:
The Tribunal found that the charges under Section 111(d) did not survive and allowed TVP's appeal with consequential relief. The penalty imposed on BVVM was also set aside, extending the benefit of the findings pertaining to TVP to BVVM. The Tribunal directed consequential relief for both appellants, emphasizing the significance of the trial court's findings and the proper interpretation of the Imports (Control) Order, 1955.