1997 (2) TMI 307 - AT - Customs

Summary

Issues Involved:
1. Mis-declaration of weight and value of goods.
2. Liability of the company and its representatives for penalties.
3. Validity of confiscation and redemption fines.
4. Role and liability of the Managing Director in the mis-declaration.

Issue-wise Detailed Analysis:

1. Mis-declaration of Weight and Value of Goods:

The case involves ten appeals against the Collector's order allowing goods to be redeemed on payment of a redemption fine of Rs. 10 lacs and imposing penalties on M/s. Eastern Silk Inds. (Rs. 10 lacs), Sri Shah, M.D. (Rs. 5 lacs), and Sri G.K. Lath (Rs. 5 lacs). The facts reveal that M/s. Sai Shipping Agencies, on behalf of M/s. Eastern Silk Inds. Ltd., filed six shipping bills for exporting polyester printed sarees and other goods under the DEEC scheme. The declared weights were found to be excessively high compared to actual weights, indicating a mis-declaration intended to obtain larger duty-free import entitlements. A detailed examination revealed that the total ascertained gross weight was significantly less than the declared weight, confirming the mis-declaration.

2. Liability of the Company and Its Representatives for Penalties:

The appellants argued that the mis-declaration was solely the act of Shri Gopilath, and there was no admission of mis-declaration by Shri Shah. However, the statements recorded under Section 108 of the Customs Act, 1962, from various individuals, including Shri Murari Prasad Jalan and Shri Shankarlal Sharma, indicated that the manipulations were done by Shri Gopilath and Shri Pawanlath. Shri Gopilath admitted to increasing the weight of the consignment to suit the DEEC scheme requirements. The adjudicating authority found that the company was bound by the acts of Shri Gopilath, who was authorized by Shri Shah, and thus the penalties on the company and Shri Gopilath were justified.

3. Validity of Confiscation and Redemption Fines:

The adjudicating authority determined that the goods were liable for confiscation under Section 113(d) of the Customs Act read with Section 18 FERA due to the mis-declaration. The term "prohibited goods" includes goods with incorrect descriptions and weights. The confiscation and redemption fines were deemed proper, but the quantum of fines was adjusted. The redemption fines for Shipping Bill Nos. 6560, 6561, and 6564 were reduced from Rs. 2 lacs each to Rs. 1.5 lacs each, for Shipping Bill No. 6562 from Rs. 1 lac to Rs. 75,000, and for Shipping Bill Nos. 6563 and 6565 from Rs. 1.5 lacs each to Rs. 1.25 lacs each, totaling Rs. 7.75 lacs.

4. Role and Liability of the Managing Director in the Mis-declaration:

The adjudicating authority held that Shri Shah, as the Managing Director, was responsible for the details in the shipping bills and admitted to the mis-declaration. However, it was found that there was no direct evidence implicating Shri Shah in instructing the mis-declaration. Shri Gopilath, who carried out the manipulations, did not implicate Shri Shah. Since the company was already penalized and there was no evidence of Shri Shah's direct involvement or mala fides, the personal penalty of Rs. 5 lacs on Shri Shah was set aside.

Conclusion:

The appeals resulted in the reduction of redemption fines and the setting aside of the personal penalty on Shri Shah. The penalties on the company and Shri Gopilath were upheld, confirming the mis-declaration and the consequent liabilities.