2001 (1) TMI 371 - AT - Customs

Summary

Issues:
1. Confiscation of gold jewellery under Section 111(d) of the Customs Act.
2. Imposition of penalties under Section 112(a) on the parties involved.
3. Re-export of the goods and compliance with legal procedures.

Confiscation under Section 111(d) of the Customs Act:
The case involved two appeals against a common order confiscating gold jewellery weighing approximately 12400 grams, imported without the required special import license. The goods were described as "Indian made gold" and were received at Bangalore Air Cargo Complex. The consignee was identified as M/s. Rajesh Exports Ltd., Bangalore, and the goods were sent by M/s. Rajesh Imports Inc., New York. The Commissioner found the goods liable for confiscation under Section 111(d) due to the absence of the special import license, considering the gold jewellery as a restricted item. The appellants argued for re-export of the goods, citing waiver requests for the production of the special import license. However, the Tribunal found that the goods, being part of consignments exported to New York and re-imported, did not violate any prohibition warranting confiscation under Section 111(d). Therefore, the order of confiscation was set aside.

Imposition of Penalties under Section 112(a):
Penalties of Rs. 10 lakhs on M/s. Rajesh Exports Ltd. (REL) and Rs. 2 lakhs on M/s. Rajesh Imports Inc. (RII) were imposed under Section 112(a). However, once the confiscation under Section 111(d) was deemed unsustainable, the Tribunal concluded that the imposition of penalties under Section 112(a) was not justified. There was no provision under Section 112(a) to penalize for obstruction of officers from discharging their duties, as determined by the Commissioner regarding REL. Consequently, the penalties imposed were not upheld.

Re-export of Goods and Compliance:
The appellants requested re-export of the goods, which the Tribunal allowed upon finding no reason to refuse the same. The re-export was permitted on the condition of filing proper documents as per legal requirements. In view of these findings, the Tribunal set aside the order of confiscation under Section 111(d) and the penalties under Section 112(a), allowing the re-shipment of the goods as desired by the owners in compliance with the law. The appeals were allowed accordingly, providing a favorable outcome for the appellants.