2002 (9) TMI 540 - AT - Customs

EXIM Policy - Appeal to Tribunal - Adjudication - Bill of Entry assessed by Proper Officer - Redemption fine

Summary

Issues:
1. Correctness of the Commissioner (Appeals) order confirming the Order-in-Original passed by the Addl. Commissioner.
2. Assessment of imported car under Section 111 (d) of the Customs Act read with Section 3 of the Foreign Trade (Development & Regulation) Act, 1992.
3. Imposition of redemption fine and penalty.
4. Dispute over the valuation of the imported car.
5. Allegation of improper assessment and imposition of fines.
6. Request for reduction in redemption fine based on market value of the goods.
7. Need for remand to the original authority for reevaluation.

Analysis:
1. The appellant contested the correctness of the Commissioner (Appeals) order, which upheld the Order-in-Original passed by the Addl. Commissioner. The Additional Commissioner assessed the imported car under Section 111 (d) of the Customs Act along with Section 3 of the Foreign Trade (Development & Regulation) Act, 1992. The car was valued at Rs. 2,20,148/- and directed to be redeemed for a fine of Rs. 2,20,000/-, with an additional penalty of Rs. 20,000/- imposed under Section 112 of the Customs Act.

2. The appellant argued that the valuation of the car was contested as it was a second-hand car gifted by a friend and had undergone significant wear and tear. The appellant claimed that the Proper Officer had initially valued the car at Rs. 1.25 lakhs, but the revenue revised the valuation based on the list price in 1989 from Parker's car price guide. The appellant objected to this valuation method, stating that the Addl. Commissioner lacked the authority to reassess the value after the Proper Officer's acceptance.

3. The consultant for the appellant requested the order to be set aside, while the DR for the respondent highlighted the lack of evidence showing full assessment and clearance of the goods from the docks. The Addl. Commissioner justified the valuation method based on legal precedents, emphasizing compliance with the law and tribunal judgments. The DR argued that the assessment was lawful and did not warrant interference.

4. The tribunal examined the submissions and determined that the car, being second-hand and requiring a license, was subject to proper assessment. The plea regarding full assessment of the Bill of Entry was deemed unfounded as it was not raised before the Additional Commissioner. The tribunal noted the absence of evidence supporting full assessment and clearance of the goods for home consumption, leading to the Addl. Commissioner initiating adjudication proceedings.

5. While rejecting the plea challenging the Addl. Commissioner's actions, the tribunal acknowledged the need to reevaluate the redemption fine based on the market value of the goods at the time of import. The tribunal directed a remand to the original authority to determine the market value considering the age of the car, emphasizing the adherence to principles of natural justice in reevaluating the fine and penalty.