2001 (11) TMI 733 - AT - Customs

Customs Commissioner imposes penalty for alleged overvaluation of goods, reduced on appeal, lack of cross-examination considered.

The Commissioner of Customs held the goods liable for confiscation and imposed a penalty on the proprietor of the exporting firm for alleged overvaluation ... Penalty - Export - Drawback Issues:1. Alleged overvaluation of exported goods for claiming higher drawback.2. Denial of opportunity for cross-examination violating principles of natural justice.3. Imposition of penalty under Section 114(iii) of the Customs Act, 1962.Analysis:Issue 1: Alleged overvaluation of exported goods for claiming higher drawbackThe case involved the export of Rubber gaskets at a declared FOB value, leading to a provisional drawback claim of Rs. 1,99,358/-. The investigating authorities alleged overvaluation based on statements from Shri Subhash Kapila, indicating a discrepancy in the declared value compared to the actual market price. The Commissioner of Customs issued a show cause notice citing Section 76(1)(b) of the Customs Act, 1962, which disallows drawback if the market price is less than the claimed amount. The Commissioner held the goods liable for confiscation and imposed a penalty on the proprietor of the exporting firm.Issue 2: Denial of opportunity for cross-examination violating principles of natural justiceThe appellants requested cross-examination of Shri Subhash Kapila and Shri D.R. Borker, who admitted to the overvaluation during the investigation. However, their request was denied, with the Commissioner justifying the decision based on Shri D.R. Borker being the authorized representative and Shri Subhash Kapila's expertise as a gasket manufacturer. The appellants contested this denial as a breach of natural justice, emphasizing the lack of opportunity to challenge the evidence against them.Issue 3: Imposition of penalty under Section 114(iii) of the Customs Act, 1962In the appeal, the appellants did not contest the merits of the case but sought a reduction in the penalty. The Tribunal acknowledged the denial of cross-examination as a violation of natural justice but upheld the order on merits due to the lack of challenge from the appellants. Nonetheless, considering the circumstances, the Tribunal reduced the penalty from Rs. 1 lakh to Rs. 50,000, concluding that while the penalty modification was warranted, the appeal was rejected on other grounds.This detailed analysis highlights the key legal aspects and outcomes of the judgment, addressing the issues raised in the case concerning overvaluation, procedural fairness, and penalty imposition under the Customs Act, 1962.