2003 (6) TMI 156 - AT - Customs

Summary

Issues Involved:
1. Absolute confiscation of goods.
2. Imposition of penalties under Section 112(a) of the Customs Act.
3. Legality of the seizure and search operations.
4. Applicability of Section 111(d), (m), and (o) of the Customs Act.
5. Alleged conspiracy among the appellants.
6. Confiscation of specific items from residential premises.

Detailed Analysis:

1. Absolute Confiscation of Goods:
The Commissioner of Customs ordered the absolute confiscation of goods seized from various premises under Sections 111(d), (m), and (o) of the Customs Act. The Tribunal found that the goods were legally imported by the Vice Consul of Saudi Arabia and that the necessary formalities for importing the goods were complied with. The Tribunal held that the provisions of Section 111(d) were not applicable since the goods were legally imported by the Vice Consul.

2. Imposition of Penalties under Section 112(a) of the Customs Act:
Penalties were imposed on the appellants under Section 112(a) of the Customs Act. The Tribunal noted that the Commissioner had relied on inculpatory statements that were retracted at the first available opportunity and that the retractions were made under legal advice. The Tribunal held that the retractions were made at the first available opportunity and extended the benefit of doubt to the appellants, setting aside the penalties.

3. Legality of the Seizure and Search Operations:
The Tribunal found several contradictions in the manner of seizure of the goods. The panchanama drawn at Amar Rolling Mills did not bear the signature of any person present during the seizure, and the panchas were not local but employees of a CHA. The Tribunal noted discrepancies in the timing and presence of officers at different locations, leading to doubts about the legality of the seizure operations.

4. Applicability of Section 111(d), (m), and (o) of the Customs Act:
The Commissioner invoked Sections 111(m) and 111(o) for confiscation, which were not mentioned in the show cause notice. The Tribunal held that the Commissioner had traveled beyond the scope of the show cause notice and that these provisions could not be invoked against the appellants since they neither misdeclared the goods nor breached any post-importation conditions. The Tribunal concluded that the violation of Sections 111(d), (m), and (o) was not established.

5. Alleged Conspiracy among the Appellants:
The Commissioner alleged a conspiracy among the appellants to misuse the duty-free import facility available to diplomats. The Tribunal found that the conspiracy theory was not proved beyond reasonable doubt due to several material contradictions in the statements and evidence. The Tribunal extended the benefit of doubt to the appellants and set aside the penalties imposed under Section 112 of the Customs Act.

6. Confiscation of Specific Items from Residential Premises:
The Commissioner ordered the confiscation of a projection CTV seized from the residential premises of one appellant, based solely on the marking on the carton. The Tribunal held that the projection CTV was not liable to confiscation only because it bore the name of the Consulate General of Saudi Arabia. The department failed to prove that the item was cleared as a diplomatic cargo without payment of duty. The Tribunal set aside the confiscation and ordered the release of the projection CTV.

Conclusion:
The Tribunal set aside the impugned order and allowed all the appeals with consequential relief, if any, in accordance with law. The penalties and confiscations ordered by the Commissioner were found to be unjustified based on the evidence and legal provisions.