2000 (3) TMI 250 - AT - Customs

Summary

Issues:
1. Valuation of imported goods
2. Confiscation of goods
3. Redemption fine and penalty assessment
4. Appeal against the orders
5. Stay application

Valuation of imported goods:
The appellants imported parts and components of calculators from Hong Kong, declaring a value of Rs 2,36,189.87. Customs Authorities alleged under-valuation, valuing the goods at Rs. 5,93,386.43. The entire consignment was confiscated, and duty was imposed on the enhanced value. The Tribunal upheld the enhanced value for some items but disapproved for others, remanding the case for re-quantification of redemption fine and penalty.

Confiscation of goods:
The Customs Authorities confiscated the entire consignment due to alleged under-valuation. The Tribunal, upon appeal, found that while some items were correctly valued, others were under-valued. Consequently, the confiscation of the entire consignment was deemed unwarranted. The matter was remitted back for re-quantification of redemption fine and penalty.

Redemption fine and penalty assessment:
Initially, a redemption fine of Rs. 50,000/- and a penalty of Rs. 30,000/- were imposed. After appeal and remand, the redemption fine was reduced to Rs. 45,000/- and the penalty to Rs. 20,000/-. The Tribunal further reduced the redemption fine to Rs. 20,000/- and the penalty to Rs. 10,000/- considering that the importer had already deposited Rs. 1,78,451/- towards duty.

Appeal against the orders:
The importer appealed the decision of the lower appellate authority to the Tribunal. The Tribunal reviewed the case, considering the values declared in the invoice and Bill of Entry. It found discrepancies in the valuation of different components and directed a reduction in the redemption fine and penalty based on the amount already deposited by the importer.

Stay application:
The appellants filed a stay application to suspend the operation of the impugned orders. The Tribunal, noting that the goods were still with the Customs Department and no pre-deposit was justified, proceeded to hear the appeal on its merits without requiring any additional payment.

This detailed analysis of the judgment from the Appellate Tribunal CEGAT, New Delhi, highlights the issues of valuation, confiscation, redemption fine, penalty assessment, appeal proceedings, and the stay application, providing a comprehensive overview of the legal decision and its implications for the parties involved in the case.