1993 (10) TMI 189 - AT - Customs

Summary

Issues:
1. Appeal against orders related to confiscation and redemption fine.
2. Import of almonds against additional licenses issued to Diamond Exporters.
3. Determination of penalty under Sec. 112 of the Customs Act.
4. Interpretation of Supreme Court judgments regarding import restrictions.

Analysis:
1. The appeals were against orders related to confiscation and redemption fines for importing almonds against additional licenses. The Supreme Court's judgment in the case of M/s. Indo Afghan Chamber of Commerce restricted Everest Gems from importing dry fruits during 1985-88 under the additional license granted during the Import Policy 1978-79. The adjudication proceedings concluded with confiscation of goods and imposition of redemption fines ranging from Rs. 5,50,000 to Rs. 10 lakhs per consignment.

2. Everest Gems contended that they were under the bona fide impression that imports were allowed based on the interim Supreme Court order dated 18-2-1986, which mentioned a cut-off date of 31-1-1986 for irrevocable L/Cs. However, the final Supreme Court judgment maintained the cut-off date of 18-10-1985. The advocate argued that the redemption fines were excessive, but failed to provide evidence of losses incurred.

3. The Department argued that the additional license did not confer the right to import goods under the Open General License (OGL) category. They highlighted the profit margin on almonds and cited precedents upholding redemption fines exceeding 200%. The Department contended that Everest Gems' imports were for profit-making purposes, attracting penal liability.

4. The Tribunal rejected Everest Gems' appeal, upholding the confiscation of goods and redemption fines. The lack of evidence to support claims of losses and the substantial profit margin on almonds were key factors in the decision. The Tribunal also dismissed the Department's appeal for imposing penalties on Everest Gems, citing the timing of the shipments before the final Supreme Court order as a mitigating factor.

5. In conclusion, the Tribunal upheld the orders related to confiscation and redemption fines against Everest Gems, emphasizing the lack of evidence to justify modifying the quantum of fines. The decision also rejected the Department's appeal for imposing penalties, considering the circumstances surrounding the imports and the timing of the Supreme Court's final judgment.