2015 (12) TMI 1042 - AT - Customs

Confiscation of import of whole yellow Peas - dutiable or prohibited goods unloaded or attempted to be unloaded l into the two substituted barges - Penalty u/s 112 - Imposition of redemption fine - Held that - It is observed from the case records and the record of the personal hearing held before the Adjudicating authority that all the three representatives appearing for the present appellants pleaded guilty during adjudication proceedings and requested leniency. This factual aspects have also been recorded by the Adjudicating authority towards the end of para 20 of the Order-in-Original dated 08.07.2014. It is observed that various issues raised by the appellants in their grounds of present appeals, as well as during the course of hearing, have not been deliberated upon by the Adjudicating authority as these issues on merits were not raised before him. In the interest of justice we are of the considered view that the matter should be remanded back to the Adjudicating authority to decide the case afresh after taking on record the submissions made by the appellants on merits in these proceedings. Accordingly Order-in-Original dated 08.07.2014 passed by the Adjudicating authority is set aside and case is remanded back to him to decide the same in denovo proceedings - Matter remanded back - Decided in favour of assessee.

Summary

Issues:
1. Confiscation of imported goods and barges under Customs Act, 1962
2. Redemption fine and penalties imposed under various sections of the Customs Act, 1962
3. Arguments regarding non-applicability of Sections 111(h) and 111(o) of the Customs Act, 1962
4. Defense of the Customs House Agent (CHA) against penalty under Section 112(a) of the Customs Act, 1962
5. Submissions made by the Revenue regarding the adjudication process

Analysis:

Issue 1: Confiscation of imported goods and barges under Customs Act, 1962
The appeals were filed against an Order-in-Original that confiscated imported Canadian whole yellow peas and two barges under Sections 111(h) and 111(o) of the Customs Act, 1962. The adjudicating authority allowed redemption by payment of fines and imposed penalties on the appellants. The case involved the substitution of barges during unloading due to unforeseen circumstances, leading to the confiscation.

Issue 2: Redemption fine and penalties imposed under various sections of the Customs Act, 1962
The appellants argued against the redemption fine and penalties imposed, stating that there was no motive for any undue gain and no mens rea behind the alleged violations. They contended that the adjudication order was baseless and unsustainable as the provisions of law were found inapplicable to the case.

Issue 3: Arguments regarding non-applicability of Sections 111(h) and 111(o) of the Customs Act, 1962
The appellants argued that the imported goods were fully exempt from duty and therefore not dutiable, making them ineligible for confiscation under Section 111(h). They also contended that since the goods were unconditionally exempt, Section 111(o) could not apply, as there was no violation of any condition of import under exemption.

Issue 4: Defense of the Customs House Agent (CHA) against penalty under Section 112(a) of the Customs Act, 1962
The advocate for the CHA argued that any irregularity of the importer should not result in penalties under Section 112(a) and that the CHA had acted based on the documents provided by the importer. Reference was made to a case law to support the argument that the CHA should not be penalized under the Customs Act.

Issue 5: Submissions made by the Revenue regarding the adjudication process
The Revenue argued that the submissions made by the appellants regarding dutiable and prohibited goods were not part of the adjudication before the authority. It was highlighted that the appellants had pleaded guilty during the adjudication proceedings and requested leniency. The Tribunal observed that certain issues raised by the appellants were not deliberated upon by the adjudicating authority and remanded the case back for fresh adjudication, allowing the appeals by way of remand.

This comprehensive analysis covers the key issues raised in the legal judgment, providing a detailed examination of the arguments presented by the parties involved and the Tribunal's decision to remand the case for further adjudication.