2004 (3) TMI 301 - AT - Customs

Issues Involved:
1. Violation of licensing conditions and DEEC Scheme.
2. Sale of advance licenses without fulfilling export obligations.
3. Denial of duty exemption under Notification No. 31/97-Cus.
4. Imposition of penalties under Sections 112 and 114A of the Customs Act, 1962.

Detailed Analysis:

Violation of Licensing Conditions and DEEC Scheme:
The appellants, M/s. Mysore Silk International and M/s. Mysore Novelties International, obtained several advance licenses under the DEEC Scheme to import Viscose Silk Yarn and Mulberry Raw Silk Yarn. However, these licenses were sold to third parties without fulfilling the export obligations. Specifically, one advance license was sold to Shri Mangilal of M/s. Kozy Silks, Bangalore, without fulfilling the required export obligations under Notification No. 31/97 dated 1-4-97. The investigation revealed that the appellants had no manufacturing facility and obtained the licenses with the intention of selling them in the local market for profit.

Sale of Advance Licenses Without Fulfilling Export Obligations:
The investigation confirmed that the appellants sold the licenses without fulfilling the export obligations. The appellants facilitated the import of 2319.990 Kgs of Mulberry Raw Silk under Bill of Entry Nos. 05130 dated 13-11-97 and 05005 dated 13-1-98 without fulfilling the conditions of the DEEC Scheme. The duty foregone on these imports amounted to Rs. 8,89,656/-. The sale of these licenses was in violation of the provisions of the EXIM Policy 1997-2002 and the conditions of the Notification No. 31/97-Cus.

Denial of Duty Exemption Under Notification No. 31/97-Cus:
The Commissioner denied the exemption under Notification No. 31/97-Cus for the imports made under the advance license No. 07001024 dated 27-8-97. The appellants failed to fulfill the conditions of the undertaking given at the time of importation and clearance of goods under the said notification. Consequently, duty of Rs. 8,89,656/- was demanded along with applicable interest under Section 28AB of the Customs Act, 1962. The Commissioner also imposed penalties on M/s. Mysore Silk International and other associated individuals for their involvement in the contraventions.

Imposition of Penalties Under Sections 112 and 114A of the Customs Act, 1962:
Penalties were imposed on various individuals and entities involved in the contraventions. M/s. Mysore Silk International was penalized Rs. 8,89,656/- under Section 114A of the Customs Act. Shri Muralidhar K. Punjabi, a partner of M/s. Mysore Silk International, was penalized Rs. 2 lakhs under Section 112(a) for his individual actions in negotiating the sale of the license and facilitating the importation. Shri B. K. Narendra Babu was penalized Rs. 1 lakh under Section 112(b) for his role in purchasing the advance license and causing loss of customs duty. Shri Mangilal was penalized Rs. 75,000/- for his significant role in abetting the contraventions.

Conclusion:
The Tribunal upheld the findings of the Commissioner, confirming that the appellants violated the conditions of the DEEC Scheme and Notification No. 31/97-Cus by selling advance licenses without fulfilling export obligations. The penalties imposed under Sections 112 and 114A of the Customs Act were deemed appropriate given the appellants' actions and the resultant loss of customs duty. The appeals were rejected, and the penalties were upheld without any reduction.

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