2002 (2) TMI 148 - AT - Customs

Summary

Issues:
- Confiscation of goods, imposition of redemption fine, and disallowance of drawback
- Evidence of market value of goods
- Confiscation under Sections 113(d) and 113(i) of the Customs Act
- Definition of 'prohibited goods' under Section 2(33) of the Act
- Prohibition and regulation of drawback under Section 76
- Circumstances for goods to become liable for confiscation under Section 113

Analysis:
The appellants appealed against the Order-in-Original confiscating their goods, imposing redemption fine, and disallowing drawback. The appellants sought export of readymade garments under duty drawback, but the consignments were detained by the Directorate of Revenue Intelligence (DRI) for examination. The market value of the goods was questioned based on testimony from witnesses. The appellants contended that there was no evidence to prove the market value was less than the drawback claimed. They also argued that the goods were not prohibited under Section 2(33) of the Customs Act, hence confiscation was not justified.

The Tribunal examined the evidence and found the testimony of witnesses regarding market value to be vague and lacking corroboration. The Tribunal noted that there was no misdeclaration in the shipping bills, and the goods were not deemed excessive or non-marketable. The confiscation under Section 113(d) and 113(i) was deemed unjustified as the goods did not fall under the definition of 'prohibited goods.' Section 76 was analyzed, stating that only drawback disallowance was permissible if the market price was less than the claimed amount. The Tribunal emphasized that confiscation could not be ordered solely based on market value discrepancies.

Furthermore, the Tribunal clarified that the circumstances for confiscation under Section 113 were not met. The goods did not contravene any prohibition for export, and there was no evidence of discrepancies in the shipping bills. The Commissioner's order was set aside, and the goods were ordered to be released to the appellants. The appeals were allowed, providing relief in accordance with the law.