1997 (10) TMI 291 - AT - Customs

Summary

Issues Involved:
1. Misdeclaration of imported goods.
2. Violation of DEEC Scheme conditions.
3. Imposition of penalties.
4. Validity of second show-cause notice.
5. Bona fide purchase defense by buyers.

Detailed Analysis:

1. Misdeclaration of Imported Goods:
The appellants, M/s. Asian Wire Ropes Ltd. (AWRL), imported goods under the Duty Exemption Entitlement Certificate (DEEC) Scheme, misdeclaring the goods as high carbon steel wire rods while actually importing leaded free cutting steel conforming to EN-1A specifications. Investigations revealed that the carbon content in the imported goods was less than 0.15%, contrary to the declared 0.60% and above. Statements from various company officials, including the Chairman-cum-Managing Director and Directors, confirmed the misdeclaration and subsequent sale of these goods in the domestic market instead of using them in the manufacturing of export products as required by the DEEC Scheme.

2. Violation of DEEC Scheme Conditions:
The DEEC Scheme allowed duty-free import of materials for manufacturing export products. However, M/s. AWRL sold the imported goods in the local market, violating the scheme's conditions. The Notification No. 116/88-Cus., dated 30-3-1988, stipulated that imported materials must be used for manufacturing resultant products and not be sold or transferred. The appellants' actions clearly breached these terms, leading to the confiscation of goods and imposition of penalties.

3. Imposition of Penalties:
The Collector of Customs imposed severe penalties on M/s. AWRL and its officials for violations under Sections 111(d) and 111(m) of the Customs Act, 1962. Penalties included Rs. 25 lac each on M/s. AWRL and Mr. Jankiram, Rs. 20 lac on Mr. Subhash Gupta, and Rs. 10 lac on Mr. Kumud Dharia. In a subsequent order, additional penalties were imposed, including Rs. 1 crore on M/s. AWRL, Rs. 50 lac each on Mr. Jankiram and Mr. Subhash Gupta, and Rs. 20 lac on Mr. Kumud Dharia.

4. Validity of Second Show-Cause Notice:
The appellants argued that the second show-cause notice was time-barred and covered the same quantity of goods as the first notice. However, the Tribunal found that the first notice related to three consignments, while the second addressed eight different consignments. Thus, the second show-cause notice was deemed valid, and the proceedings were upheld.

5. Bona Fide Purchase Defense by Buyers:
Buyers of the imported goods claimed they were bona fide purchasers unaware of the misdeclaration and violations. However, the Tribunal held that the goods were liable for confiscation regardless of their possession by third parties. The Hon'ble Supreme Court's ruling in State of Gujarat v. Mohanlal Jitamalji Porwal emphasized that economic offenses harm the community and must be addressed stringently.

Conclusion:
The Tribunal dismissed the appeals, upholding the confiscation of goods, imposition of penalties, and the validity of the second show-cause notice. The appellants' actions were found to be deliberate violations of the DEEC Scheme and Customs Act, justifying the stringent penalties imposed.