2013 (3) TMI 263 - HC - Customs

Confiscation of an imported car and penalty imposed - statement as evidence - held that - when there is a cloud in the receipt issued on 18.11.1997, the Tribunal had rightly refused to accept the same. Insofar as the the statement given by the said Abdul Razak is concerned, it is needless to say that any statement made should be supported by materials. The Revenue cannot rely on the statement made in the absence of any substantiating documents, especially when the first respondent on the other hand proved that he is the purchaser of the said vehicle with valid documents and imported the same in this country with the support of such valid documents. Also it cannot be ignored that the said Abdul Razak though gave a statement on 22.2.2000, had however immediately retracted the same on the very next day i.e. On 23.2.2000. No doubt, after a period of four months he wanted to stick on to the earlier statement given on 22.2.2000. Such contradictions and inconsistency on the part of the Abdul Razak only shows that there is no bonafide on his part. Therefore, the Tribunal was right in rejecting those statements as inadmissible in evidence. Therefore, even though such statement made under Section 108 of the Customs Act is admissible in evidence, the authorities are not necessarily bound to accept the same as such in the absence of further materials to substantiate the contents of such statement - Decided in favor of assessee

Issues Involved:
1. Admissibility and consideration of Abdul Razak's statements.
2. Reliance on the first respondent's statement made before Income Tax Authorities.
3. Ownership and importation of the subject car.
4. Validity of documents submitted with the Bill of Entry.
5. Tribunal's rejection of Abdul Razak's statements.
6. Tribunal's assessment of the genuineness of the documents.
7. Impact of retraction and subsequent reiteration of Abdul Razak's statements.
8. Relevance of legal precedents cited by both parties.

Issue-Wise Detailed Analysis:

1. Admissibility and Consideration of Abdul Razak's Statements:
The core issue revolves around whether the Tribunal erred in ignoring Abdul Razak's statements given under Section 108 of the Customs Act. The Revenue argued that these statements, made on 22.2.2000 and reiterated on 8.6.2000, were valid and established that the car was imported using false documents. The Tribunal, however, found the statements inadmissible due to the immediate retraction on 23.2.2000 and the unexplained four-month gap before the reiteration.

2. Reliance on the First Respondent's Statement Made Before Income Tax Authorities:
The Tribunal did not consider the statement made by the first respondent before the Income Tax Authorities as relevant for the Customs case. The first respondent's counsel argued that such statements should not be used by Customs Authorities, citing the decision in K.T.M.S. Mohd. and another Vs. Union of India (1992 (3) SCC 178).

3. Ownership and Importation of the Subject Car:
The dispute involved whether Abdul Razak or the first respondent was the actual owner of the car at the time of import. The Revenue claimed Abdul Razak was the owner based on a receipt dated 18.11.1997. In contrast, the first respondent provided multiple documents, including an invoice dated 12.11.1995, an insurance certificate, a vehicle export certificate, and a private vehicle registration book, all indicating that he was the owner.

4. Validity of Documents Submitted with the Bill of Entry:
The Tribunal examined the documents submitted by the first respondent with the Bill of Entry and found them genuine. These documents were not disproved by the Revenue. The Tribunal noted that the documents indicated the first respondent purchased the car on 12.11.1995 and registered it on 15.11.1995, well before the disputed receipt dated 18.11.1997.

5. Tribunal's Rejection of Abdul Razak's Statements:
The Tribunal rejected Abdul Razak's statements due to the immediate retraction and the four-month gap before the reiteration. The Tribunal emphasized that the retraction raised doubts about the statements' credibility and that the Revenue failed to provide corroborating evidence.

6. Tribunal's Assessment of the Genuineness of the Documents:
The Tribunal found the documents submitted by the first respondent to be genuine and noted that the Revenue did not question their authenticity. The Tribunal pointed out that the receipt dated 18.11.1997, which the Revenue relied on, was dubious as it contained subsequent entries dated 27.11.1997, raising doubts about its genuineness.

7. Impact of Retraction and Subsequent Reiteration of Abdul Razak's Statements:
The Tribunal considered the retraction of Abdul Razak's statement on 23.2.2000 and his subsequent reiteration on 8.6.2000. The Tribunal concluded that the inconsistency and the unexplained gap undermined the credibility of the statements. The Tribunal held that statements alone, without supporting evidence, were insufficient to prove the Revenue's case.

8. Relevance of Legal Precedents Cited by Both Parties:
The Revenue cited Surjeet Singh Chhabra Vs. Union of India (1997 (89) ELT 646 (SC)) and Roshan Beevi and Others Vs. Joint Secretary, Government of Tamil Nadu (1984 (15) ELT 289 (Mad)) to argue that statements made under Section 108 of the Customs Act are admissible even if retracted. The Tribunal acknowledged the admissibility but emphasized that the statements must be supported by corroborating evidence. The first respondent's counsel cited K.T.M.S. Mohd. and another Vs. Union of India (1992 (3) SCC 178) to argue that statements made before Income Tax Authorities should not be used by Customs Authorities. The court found it unnecessary to delve into this issue as the Tribunal's decision was based on the factual findings and the lack of corroborating evidence from the Revenue.

Conclusion:
The High Court upheld the Tribunal's decision, dismissing the Revenue's appeal. The court agreed with the Tribunal's findings that the documents submitted by the first respondent were genuine and that Abdul Razak's statements, given their retraction and inconsistency, were not credible without corroborating evidence. The court emphasized that the admissibility of a statement does not equate to its acceptability without supporting materials.

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