1990 (4) TMI 138 - AT - Customs

Summary

Issues:
Appeal against order of Additional Collector of Customs - Attempted illegal export - Validity of certificates and documents - Liability under Section 113(d) - Name of exporter on certificate.

Analysis:
The judgment involves an appeal against an order of the Additional Collector of Customs concerning the attempted export of costos roots by M/s. Indo World Trading Corpn. through their clearing agents, M/s. Fracht Forwarders. The exporters were required to obtain a no objection certificate from the Drug Controller and the Wildlife department for the export of roots as per the Import and Export Policy 1988-91.

The exporters produced the necessary certificates, including a Legal Procurement Certificate (LPC) and a certificate under the Convention on the International Trade in Endangered Species of flora and fauna issued in the name of Himalayan Traders. The appellants claimed to be merchant exporters who procured the goods from Himalayan Traders, who, in turn, sourced them from cultivators in Himachal Pradesh.

The department contended that the certificates were in the name of Himalayan Traders and not the appellants, rendering them unacceptable. Consequently, the Additional Collector found the exporters guilty of attempting illegal export under Section 113(d) and imposed penalties.

The Tribunal found merit in the appellants' contentions. The Legal Procurement Certificate issued in favor of Himalayan Traders covered the consignment in question, as confirmed by the letter from Himalayan Traders. The appellants, being merchant exporters, procured the goods from suppliers in the normal course of business, satisfying the legal requirements by producing the necessary certificates.

The Tribunal held that the department failed to establish the charges, as the certificates adequately covered the consignment. The absence of the exporter's name on the certificate was deemed an invalid objection, as the certificate's coverage of the goods was the crucial factor. Consequently, the Tribunal set aside the original order, absolving M/s. Indo World Trading Corpn. and the clearing agents of any fault, and accepted the appeals.