2000 (1) TMI 300 - AT - Customs

Summary

Issues:
- Appeal against the order of the Commissioner (Appeals) setting aside penalties imposed on noticees
- Alleged smuggling of Gambier from Nepal
- Authenticity of statements given by the driver and other parties involved
- Evidence presented by M/s. V.G. Sales regarding legal importation of Gambier
- Confiscation of goods and mini truck, imposition of penalties

Analysis:
1. The Commissioner (Appeals) set aside penalties imposed by the Addl. Commissioner on noticees based on intercepted Gambier allegedly of foreign origin. The Department challenged this decision, arguing that essential facts and evidence were overlooked.

2. The driver admitted to smuggling goods from Nepal, leading to the seizure of 50 bags of Gambier. Various penalties were imposed, and the Commissioner (Appeals) overturned these, providing relief to the noticees. The Department contested this decision in four Appeals.

3. The Departmental Representative argued that discrepancies in the driver's statement raised doubts on its authenticity. The burden of proof to show smuggling was on the Department, which was not discharged. The Respondents claimed the goods were of Indian origin, supported by documents, while the Department asserted they were smuggled.

4. The Counsel for the Respondents highlighted contradictions in statements and lack of corroboration for the driver's claims. Affidavit retraction and documentary evidence supported the legal importation of Gambier by M/s. V.G. Sales. The penalties on the mini truck owner were deemed unwarranted.

5. The Tribunal analyzed the evidence presented by M/s. V.G. Sales, including challans and import documents, to support the legal importation of Gambier from Indonesia. The Commissioner (Appeals) found the Department's case unconvincing and set aside the confiscation and penalties.

6. The Tribunal upheld the Commissioner (Appeals)' decision, noting the lack of evidence to challenge the findings. The uncorroborated statement of the driver was insufficient to impose penalties on other noticees. The Department failed to refute the evidence supporting legal importation, leading to the rejection of the Department's Appeals.