1998 (7) TMI 203 - AT - Customs

Summary

Issues:
1. Confiscation of imported goods under Sections 11(m) & (d) of the Customs Act, 1962 with an option for redemption on payment of a fine.
2. Valuation of goods and denial of exemption under Notification No. 91/89.

Analysis:
1. The appeal involved two issues regarding the confiscation of imported goods and valuation of goods under the Customs Act. The Tribunal's Final Order directed a de novo decision on valuation after disclosing evidence to the appellants and set aside the denial of exemption under Notification No. 91/89.

2. The appellant sought a refund of the fine and penalty deposited before the Appeal, as the matter was remanded for valuation. The appellant argued that any deposits made should be refunded due to the annulment of the impugned order upon remand. The Tribunal did not address the refund issue in its final order.

3. The Respondent opposed the refund, stating that the goods had already been redeemed by the appellants, making it difficult to recover fines or penalties in de novo proceedings. The Respondent argued against refunding the amounts without protection to the Revenue.

4. The Tribunal considered both parties' arguments and decided to refund the fine and penalty totaling Rs. 1,25,000, subject to the appellants furnishing a Bank Guarantee of Rs. 75,000. This decision aimed to protect the Revenue's interests while ensuring the appellants received a partial refund.

5. A new paragraph was added to the final order, specifying the conditions for refunding the penalty and fine. The appellants were required to provide a Bank Guarantee of Rs. 75,000 until the de novo proceedings were completed, allowing the Revenue to encash it if necessary.

6. The Tribunal directed the Adjudicating Authority to finalize the de novo proceedings within three months of receiving the order, emphasizing the need for timely resolution in the case.

This detailed analysis covers the issues of confiscation, valuation, refund of fines and penalties, and the Tribunal's directives for the Adjudicating Authority to conclude the proceedings promptly.