The case pertains to a duty drawback claim where the exporter ...

Customs penalty on exporter's small drawback claim disproportionate, lacks transparency & proper procedure.

December 2, 2024

Case Laws     Customs     AT

The case pertains to a duty drawback claim where the exporter (appellant) allegedly misdeclared the export goods, leading to an excess drawback claim of Rs 20,394/-. The adjudicating authority confiscated the exported goods for misdeclaration and imposed penalties u/ss 114(iii) and 125 of the Customs Act, 1962. The key issues and holdings are: 1. The order imposing severe penalties for the excess drawback claim of Rs 20,394/- is non-speaking and lacks reasoning on the proportionality of the action. 2. The authority failed to consider a relevant circular issued before the order, which could have mitigated the penalties. 3. The exporter's request for a show cause notice and hearing was not granted, violating principles of natural justice. 4. The waiver of rights by the exporter to avoid demurrage and delays in the adjudication process does not justify the disproportionate penalties. 5. The Commissioner of Appeals upheld the confiscation and penalties based on the availability of goods at the time of the order, without addressing the lack of reasoning and proportionality. 6. The Tribunal held that the order lacked fairness, transparency, and proportionality, and remanding the matter after a decade would not serve justice in this low tax case involving a typographical.

View Source