2003 (11) TMI 168 - AT - Customs

Summary

Issues:
1. Retention of appeals before East Regional Bench due to residency.
2. Imposition of penalties and confiscation of goods under Customs Act.
3. Involvement of appellants in transportation and concealment of contraband goods.
4. Applicability of Section 119 of the Customs Act on confiscation of goods.
5. Adjudication of penalties and confiscation by the Commissioner of Customs, Lucknow.

Issue 1: Retention of appeals before East Regional Bench
Three miscellaneous applications were filed for retaining appeals before the East Regional Bench as the applicants resided in Calcutta. The applications were allowed, and the appeals were taken up for disposal with the consent of both sides after stay petitions were granted.

Issue 2: Imposition of penalties and confiscation of goods
The Commissioner of Customs, Lucknow imposed penalties on M/s. Vikas Road Carriers and Shri Iswar Dutt Sharma under the Customs Act. M/s. New Tobacco Company was aggrieved by the confiscation of 100 cartons of Indian origin cigarettes with an option for redemption on payment of a fine.

Issue 3: Involvement of appellants in transportation and concealment
The appellants contended that they were merely brokers involved in arranging transportation and had no direct connection with the loading or transportation of the goods in question. The Tribunal found insufficient evidence to penalize M/s. Vikas Road Carriers for arranging fake invoices, thus setting aside the penalty imposed on them.

Issue 4: Applicability of Section 119 of the Customs Act
Regarding the confiscation of goods under Section 119 of the Customs Act, the Tribunal noted that the Indian origin goods were being transported alongside foreign origin goods. The Tribunal differentiated between "concealment" and "coverage," emphasizing that mere coverage of foreign origin goods by Indian origin goods was not sufficient grounds for confiscation. Consequently, the confiscation of 100 cartons of Indian origin goods was set aside.

Issue 5: Adjudication by the Commissioner of Customs, Lucknow
The penalties imposed by the Commissioner were challenged, and after a detailed review, the Tribunal set aside the penalties imposed on M/s. Vikas Road Carriers and Shri Iswar Dutt Sharma. All appeals were allowed with consequential relief to the appellants, and stay petitions were disposed of.