1996 (3) TMI 186 - AT - Customs

Summary

Issues Involved:
1. Misdeclaration of imported goods.
2. Requirement of specific license for import.
3. Valuation of goods.
4. Appellant's willingness to mutilate goods.
5. Confiscation, redemption fine, and penalty.
6. Good faith and bona fides of the appellant.

Detailed Analysis:

1. Misdeclaration of Imported Goods:
The appellant imported goods declared as "Copper Scrap Birch" but upon examination, the goods were found to be prime copper wire, not scrap. This misdeclaration was a significant issue as it contravened the import policy which required a specific license for importing prime copper wire. The Collector concluded that the goods were not scrap but prime material, supporting the decision for confiscation.

2. Requirement of Specific License for Import:
The import of prime copper wire required a specific license under No. 491 of Appendix 3 Part A of the Policy, which the appellant did not possess. The appellant's failure to obtain the necessary license was a key factor in the adjudication order for confiscation and the imposition of penalties.

3. Valuation of Goods:
The declared price of the goods was found to be low compared to the lowest price of copper wire ascertained from the London Metal Exchange Bulletin. The Collector determined the CIF value as Rs. 3,72,000/- and imposed duty accordingly. This undervaluation supported the Collector's decision to confiscate the goods and impose a redemption fine and penalty.

4. Appellant's Willingness to Mutilate Goods:
The appellant expressed willingness to cut the goods and make them scrap during the personal hearing. However, there was no formal application for mutilation before the clearance. The Tribunal noted that the request for mutilation was not made before the Collector at any time before the release of goods, making it impossible to consider mutilation retrospectively.

5. Confiscation, Redemption Fine, and Penalty:
The Collector's order included confiscation of the goods, a redemption fine of Rs. 3 lakhs, and a penalty of Rs. 50,000/-. The Tribunal upheld these decisions, stating that the cumulative circumstances indicated a deliberate attempt to import prime copper wire without the necessary license. The quantification of redemption fine and penalty was deemed not excessive or unreasonable.

6. Good Faith and Bona Fides of the Appellant:
The appellant's claim of acting in good faith by placing an order for scrap and offering to mutilate the goods was not accepted. The Tribunal found an absence of bona fides and good faith, as the appellant did not seek permission for mutilation or take up the alleged wrong shipment with the supplier. The appellant's conduct suggested a deliberate attempt to import prime copper wire under the guise of scrap.

Conclusion:
The Tribunal dismissed the appeal, finding no grounds to interfere with the Collector's order. The decision to confiscate the goods, impose a redemption fine, and levy a penalty was justified based on the misdeclaration, lack of specific license, undervaluation, and absence of good faith on the part of the appellant.