2010 (3) TMI 490 - AT - Customs

Smuggling undervaluation evasion of duty show cause notice personal penalty abandoned consignment - Held that - Crystal factual findings of the learned Adjudicating Authority and echoing evidence on record do not demonstrate that Adjudications were made suspiciously or under surmise. All pleadings of the appellants were ill founded. Show cause notice properly brought them to charge exhibiting civil and evil consequences for opportunity of rebuttal. Nothing was dealt behind their back. Investigation story was backed by evidence and not impeachable. Personal penalties confirmed - Brother in law allowed his godown to be used by his brother-in-law Shri Anil Goel to store offending goods should also face penal consequence of law for which the penalty imposed by authority below does not appear to be unwarranted and that is also confirmed. - Shri Vasudev Garg (chairman of a group of company) and Shri Suresh Pal Gupta (employee) including Shri Dilip F. Mehta (employee) and Shri Ashok Pathak (freight and forwarder) contributed for the cause of defrauding Revenue by various manipulations and malicious design and they were conduit to cause evasion of duty for which they do not deserve any consideration for waiver of penalty imposed on them.

Summary

Issues Involved:

1. Whether the goods imported by M/s. Maya Trading Co. and M/s. Devsons were chargeable to Basic Customs duty.
2. Whether the goods imported by M/s. Maya Trading Co. and M/s. Devsons were chargeable to anti-dumping duty.
3. Whether 5,81,813 pieces of bearings seized from the godown were chargeable to customs duty.
4. Whether the value of the 5,81,813 pieces of bearings was correctly determined.
5. Whether the impugned goods were liable to confiscation and penalties were imposable on the notices.

Issue-wise Detailed Analysis:

1. Basic Customs Duty:
The adjudicating authority examined whether the goods imported by M/s. Maya Trading Co. and M/s. Devsons were chargeable to Basic Customs duty, which was fraudulently evaded by the importers under Notification No. 26/2000-Cus., dated 1-3-2000. The goods were declared to be of Sri Lankan origin based on forged certificates of origin. The duty was evaded by wilful misdeclaration and misrepresentation of facts. Hence, the duty on the subject bearings was recoverable under Section 28 read with proviso 12 to the said Section 28 of the Customs Act, 1962 from the importer.

2. Anti-Dumping Duty:
The adjudicating authority examined whether the goods imported by M/s. Maya Trading Co. and M/s. Devsons were chargeable to anti-dumping duty under Notification 89/2003 dated 4-6-2003. The goods were declared to be of Sri Lankan origin based on manipulated certificates of origin. The bearings were of Chinese origin, and anti-dumping duty was evaded by misrepresentation of facts. Hence, anti-dumping duty leviable under Notification No. 89/2003-Cus., dated 4-6-2003 was recoverable under Section 28 read with proviso to the said Section 28 of the Customs Act, 1962 and further read with clause 8 of sub-Section 9 of Section 9A of the Customs Tariff Act, 1975.

3. Customs Duty on 5,81,813 Pieces of Bearings:
The adjudicating authority found that 5,81,813 pieces of bearings seized from the godown were illegally imported. The transaction value in terms of the Customs Valuation Rules, 1988 was determined in the absence of transaction value available in respect of these bearings. The value of these bearings was determined to be Rs. 10,43,765/-. Anti-dumping duty and basic customs duty were leviable on these bearings, and such duty was evaded by wilful mis-statement and suppression of facts. Accordingly, these duties became recoverable from the importer invoking extended period under the provisions of Section 28 of the Customs Act, 1962.

4. Valuation of 5,81,813 Pieces of Bearings:
The adjudicating authority determined the value of the 5,81,813 pieces of bearings under para 43 of the show cause notice. The appellant Shri Anil Goel did not dispute the valuation adopted in the show cause notice to determine the assessable value of the impugned goods. The value of these bearings was determined to be Rs. 10,43,765/-. Anti-dumping duty and basic customs duty were leviable on these bearings, and such duty was evaded by wilful mis-statement and suppression of facts.

5. Confiscation and Penalties:
The adjudicating authority found that the impugned goods were liable to confiscation under the provisions of the Customs Act, 1962, and penalties were imposable on the notices. The investigation proved that the appellants were involved in fraudulent imports, causing loss of revenue. The goods were misdeclared as being of Sri Lankan origin to evade anti-dumping duty and basic customs duty. The appellants were found to be involved in the smuggling racket, and their conscious, deliberate, and active involvement in defrauding revenue was established. Consequently, penalties were imposed on the appellants under Section 112(a) of the Customs Act, 1962.

Separate Judgments:
The judgment waived the penalty on Ms. Preeti Daga, finding no active role or conscious knowledge on her part to become instrumental in causing evasion of revenue. All other appeals were dismissed, and the penalties imposed by the adjudicating authority were confirmed.