1997 (12) TMI 258 - AT - Customs

Summary

Issues:
1. Confiscation of industrial diamond dust under Section 111(m) of the Customs Act, 1962.
2. Penalty imposed on the appellant for wrong declaration of goods' value.
3. Violation of Import Trade Control Regulations.
4. Justification of confiscation and penalty.
5. Evidence supporting intention to re-export the goods.
6. Applicability of case laws in determining confiscation and redemption fine.

Confiscation of Industrial Diamond Dust:
The appeal challenged the order of confiscation of 53 packets and 27 samples of Industrial Diamond Dust under Section 111(m) of the Customs Act, 1962. The appellant arrived at Bombay Sahar Airport and was found with the diamond dust in plastic containers and bags. The Additional Commissioner concluded that there was no violation of Import Trade Control Regulations but ordered confiscation due to the wrong declaration of the goods' value.

Penalty for Wrong Declaration:
The Additional Commissioner imposed a penalty of Rs. 2,00,000 on the appellant for the incorrect valuation of the goods. The appellant argued that the offense of not declaring the correct value was technical and cited case laws to support the claim that no redemption fine or personal penalty should be imposed.

Violation of Import Trade Control Regulations:
The Additional Commissioner found no breach of Import Trade Control Regulations but noted the wrong declaration of the goods' value. The appellant's defense centered on the intention to re-export the goods, supported by evidence and case laws indicating that re-export should be permitted in such cases.

Justification of Confiscation and Penalty:
The appellant's counsel argued that the valuation discrepancy was not substantial and that the goods were eventually re-shipped. The Additional Commissioner's order of confiscation and penalty was deemed unjustified considering the technical nature of the violation and lack of evidence of intentional contravention of regulations.

Evidence Supporting Intention to Re-Export:
The Additional Commissioner found that the appellant had probabilized his claim of intending to re-export the goods. The valuation done without the appellant's presence and evidence suggesting the goods were not for sale in India but for re-export further supported this claim.

Applicability of Case Laws:
The case laws cited by the appellant were deemed relevant to the facts of the case. The Tribunal's decisions in similar cases highlighted that confiscation and redemption fine should not be automatic in cases of mis-declaration. The order of confiscation was set aside, emphasizing that confiscation and fine were not justified given the circumstances and findings of the case.