2012 (7) TMI 477 - AT - Customs

Confiscation of the goods on the charges of mis-declaration and for imposition of penalty Held that - Declaration was in accordance with the papers issued by the foreign supplier, the appellant himself came forward indicating presence of rerollable scrap and the appellant s request for mutilation of the same - no justifiable reasons for confiscation of the imported consignment or for imposition of penalty upon the appellant - same is accordingly set aside and appeal is allowed

Summary

Issues:
Challenge to redemption fine and penalty imposed on the appellant for mis-declaration of imported heavy melting scrap.

Analysis:
The appellant imported a consignment of heavy melting scrap and initially paid duty based on the bill of entry filed on 13.05.10. Subsequently, on 15.05.10, the appellant informed the Revenue that the consignment might contain rerollable material, based on information from the supplier. A re-assessment was requested, and additional duty of Rs.6,46,734/- was paid on 01.06.10. The consignment was examined, and it was found to contain rerollable scrap, leading to the initiation of proceedings for confiscation and imposition of a redemption fine and penalty.

The appellant's declaration was based on information from the supplier and documents like invoices and packing lists. The appellant also requested the authorities to clear the goods after mutilation for use as melting scrap only. Despite the appellant's proactive approach in disclosing the presence of rerollable scrap and requesting appropriate action, the authorities initiated confiscation proceedings and imposed penalties.

Considering that the appellant promptly disclosed the possibility of rerollable scrap in the consignment and requested specific action, the Tribunal found no justifiable reasons for confiscation or penalty imposition. The Tribunal set aside the lower authority's decision and allowed the appeal, providing consequential relief to the appellant.

This judgment highlights the importance of proactive disclosure by importers, even if discrepancies are later discovered in imported goods. It emphasizes the need for authorities to consider the context and circumstances of such disclosures before initiating punitive actions like confiscation and penalties.