2018 (8) TMI 428 - AT - Customs

Import of restricted item - old and used tyres - Confiscation - enhancement of value - Held that - The import was required to be made with a license which could not be produced by the appellant before the Customs Authorities - Inasmuch as, the appellant has admittedly not produced required license, confiscation of goods and imposition of penalty is upheld. Undervaluation - Held that - Since the invoice has not been rebutted by producing any evidence on record, the values declared by the appellant in the said Bills of Entry are correct assessable values and the same cannot be changed merely on the opinion of the Chartered Engineer. Appeal allowed in part.

Summary

Issues:
- Request for adjournment by the appellant
- Enhancement of value of imported goods
- Confiscation of goods and imposition of penalty
- Non-production of required license
- Correct assessable value determination
- Reduction of redemption fine and penalty

Request for Adjournment:
The appellant requested an adjournment, which was rejected by the tribunal. The tribunal proceeded to hear the learned A.R. for the revenue and examined the records.

Enhancement of Value of Imported Goods:
The appellant imported old and used tires with a minimum residual life of 40% of new tires. The revenue doubted the declared value and had the goods examined by a Chartered Engineer, who opined that the value should be higher. Consequently, the revenue proposed to enhance the value, initiate proceedings for confiscation, and impose a penalty. The Original Adjudicating Authority increased the declared value from ?14,13,672.53 to ?30,10,329 under Customs Valuation Rules. The tribunal partially allowed the appeal, holding that the values declared by the appellant were correct assessable values, as the invoices from foreign suppliers were not challenged by the revenue.

Confiscation of Goods and Imposition of Penalty:
Proceedings were initiated against the appellant for enhancement of value, confiscation of goods, and imposition of a penalty. The Original Adjudicating Authority confiscated the goods, imposed a redemption fine, and a penalty under the Customs Act. The tribunal upheld the confiscation and penalty due to non-production of the required license but reduced the redemption fine based on previous decisions.

Non-Production of Required License:
The appellant failed to produce the required license for the import of old and used tires, leading to the upheld confiscation of goods and imposition of a penalty.

Correct Assessable Value Determination:
The tribunal held that the values declared by the appellant in the Bills of Entry were correct assessable values, as the invoices from foreign suppliers were not challenged by the revenue. The tribunal reduced the redemption fine and penalty based on the principle established in a previous decision.

Reduction of Redemption Fine and Penalty:
The tribunal reduced the redemption fine to 15% of the assessable value of the goods and the penalty to 10% of the value of goods, following a previous decision upheld by the Hon'ble Allahabad High Court.

In conclusion, the tribunal partially allowed the appeals filed by the appellant, maintaining the correct assessable values declared by the appellant but upholding the confiscation of goods and imposition of penalty due to non-production of the required license.