2015 (10) TMI 2192 - SC - Customs

Recovery of differential duty Import of non-ferrous metal scrap/drones; filed clearance of goods between 1984-1988 Differential duty and penalty demanded by Revenue; partial duty and penalty allowed by Tribunal Appeal filed by Revenue against order of Tribunal Held That - Revenue has sought to open assessments which had been finalised more than five years ago on grounds of mis-declaration of goods Assessments were finalised after thorough investigation process No justifiable reason found to recover differential duty after lapse of 5 years Decided against Revenue.

Summary

Issues:
1. Import of non-ferrous metal scraps/dross
2. Allegation of misdeclaration of description, weight, and value
3. Differential duty demand and penalty
4. Tribunal's findings and decision

Analysis:
1. Import of non-ferrous metal scraps/dross:
The respondent imported brass dross, brass scrap, and copper scrap from various suppliers in different countries under multiple consignments between 1984 to 1988. A total of 173 Bills of Entry were filed for the clearance of these goods, and duty was paid based on the declared value in these bills. The Directorate of Revenue Intelligence (DRI) conducted a search at the respondent's premises and alleged that the duty paid was lesser than required. Show cause notices were issued, demanding the payment of differential duty and penalty.

2. Allegation of misdeclaration:
The Revenue contended that the companies involved in the import had misdeclared the goods, leading to the underpayment of duty. However, the Tribunal's order did not indicate any attempt by the Revenue to reopen assessments finalized over five years ago based on alleged misdeclaration of description, weight, and value. The Tribunal found that the assessments were conducted meticulously, with detailed examination of consignments, sample testing, involvement of the Special Investigation Branch, and consultation with the specialized investigation unit of the Customs House before finalizing assessments.

3. Differential duty demand and penalty:
Following the issuance of show cause notices, the demands for payment of differential duty and penalty were confirmed after providing the assessee with opportunities for a hearing. The Tribunal partially allowed the appeal, leading to appeals from both the Revenue and the assessee in the Court. Despite remanding the matter back to the Commissioner for fresh adjudication, the demands were confirmed again. The Tribunal, in its subsequent decision, partially allowed the appeal, which was challenged in the present case.

4. Tribunal's findings and decision:
The Supreme Court upheld the Tribunal's decision, emphasizing that the Tribunal's analysis was accurate and no legal question necessitated consideration. The Court dismissed the appeal, affirming the Tribunal's findings that there was no valid reason for the Revenue to recover differential duty through show cause notices after a significant lapse of five years. The detailed examination and assessment processes conducted earlier were deemed sufficient, and the Tribunal's factual findings were deemed appropriate, leading to the dismissal of the appeal.