2019 (3) TMI 624 - AT - Customs

Rectification of mistake - Extended period of limitation not invoked in SCN - Held that - The substituting mechanics in the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 notwithstanding, and which are not the substance of the dispute here, the mandate of certain inclusions are also embodied therein. It was, therefore, the responsibility of the importer to include these, and by having failed so to do, rendered the goods liable to confiscation. In these circumstances, the order of the Tribunal has not erred in failing to modify or set aside the penalty - rectification application disposed off.

Summary

Issues involved:
Rectification of mistake in the Tribunal's order regarding penalties under section 112 of the Customs Act, 1962 based on the decision of the Hon'ble High Court of Bombay in Star Entertainment Pvt Ltd v. Commissioner of Customs.

Detailed Analysis:

1. Misconstrued Submission on Penalties:
The applications for rectification of mistake highlighted that the Tribunal's order dated 5th April 2018 misconstrued the submission on the challenge to penalties. The applicants argued that the decision of the Hon'ble High Court of Bombay in Star Entertainment Pvt Ltd v. Commissioner of Customs should have influenced the Tribunal's decision differently. The counsel argued that the demand in the proceedings did not require invoking the extended period under section 28 of the Customs Act, 1962. The Tribunal's order was critiqued for not considering crucial aspects correctly, leading to an incorrect interpretation of the facts and circumstances.

2. Non-Applicability of Penalty under Section 112:
The contention regarding the non-applicability of penalty under section 112 of the Customs Act, 1962 was a significant issue raised by the applicants. They cited the decision of the Hon'ble High Court of Bombay to support their argument that their circumstances did not warrant the imposition of this penalty. The Tribunal upheld the liability to confiscation but set aside the redemption fine due to non-availability of goods. The decision in Star Entertainment Pvt Ltd was deemed inapplicable to goods held liable to confiscation, leading to the Tribunal's decision not to modify or set aside the penalty.

3. Rectification of Tribunal's Order:
Upon a perusal of the records, it was found that the show cause notice did not invoke the extended period, and the demand was limited to the normal period of limitation. The Tribunal's order was deemed erroneous in recording a submission contrary to the actual facts, necessitating rectification. The rectification involved amending specific paragraphs to align the decision with the legal provisions and the factual scenario presented during the proceedings.

4. Final Decision and Disposal:
After addressing the rectifications required in the Tribunal's order, the applications were disposed of on 27th February 2019. The rectifications aimed to ensure that the legal provisions, factual circumstances, and precedents cited were accurately reflected in the final decision, thereby resolving the issues raised by the applicants effectively.