1997 (4) TMI 257 - AT - Customs

Imported goods - Restoration of goods - Adjudication - Rectification of mistake - Appeal - Compensation

Summary

Issues:
1. Interpretation of impugned order passed by the Additional Collector of Customs
2. Compliance with Tribunal's direction in de novo proceeding
3. Claim for restitution or compensation for seized goods
4. Customs authorities' accountability for balance quantity under C.T.D.

Analysis:

Issue 1: Interpretation of impugned order
The impugned order directed the release of 7.332 M.T. of deformed iron rods of foreign origin, which were part of a consignment covered under a specific C.T.D. The order also mentioned the disposal of the goods through a public auction and the directive to return the sale proceeds to the party. The Tribunal set aside this order, citing lack of a detailed exercise in considering the facts and circumstances, and remanded the case for de novo consideration in accordance with law. The impugned order was subsequently passed by the Additional Collector following the Tribunal's directions.

Issue 2: Compliance with Tribunal's direction
The appellants sought modification of the impugned order to either restitute the seized goods or compensate them at the current market price with interest. The advocate emphasized the delay in payment of the sale proceeds directed by the adjudicating authority. The Tribunal concurred with the Revenue's argument that the goods had already been sold in public auction, and the sale proceeds served as a substitute for the goods. The Tribunal also agreed that it lacked the authority to grant compensation, as established in a judgment by the High Court of Orissa.

Issue 3: Claim for restitution or compensation
The advocate further argued for the Customs authorities to account for the balance quantity of 54 M.T. of iron rods seized, emphasizing discrepancies in the quantity received by the appellants compared to the total imported quantity. The Revenue contended that the adjudicating authority's observations regarding the non-accountal of the C.T.D. quantity were justified and fell within the scope of the de novo proceeding as directed by the Tribunal.

Issue 4: Customs authorities' accountability
The Tribunal noted that the appellants did not pursue the plea for accounting of the balance quantity through a rectification of mistake application. The Tribunal emphasized the importance of following the proper procedure and time limitations for seeking rectification. As a Single Member, the Tribunal lacked the authority to rectify the Tribunal's previous order and upheld the adjudicating authority's observations regarding the accountal of the balance quantity under C.T.D. The appeal was ultimately dismissed based on these considerations.