2003 (9) TMI 384 - AT - Customs

Tribunal Upholds Confiscation of Whisky for Unauthorized Import: Duty Demands Set Aside

FINACORD CHEMICALS (P) LTD. Versus COMMISSIONER OF CUSTOMS, RAIGAD

The Tribunal upheld the confiscation of overproof whisky due to unauthorized import without a specific license. Duty demands based on alleged higher ... Import - Valuation - Redemption fine - Penalty Issues Involved:1. Validity of Import2. Valuation of Goods3. Redemption Fine4. Penalty on the Importers5. Penalty on the IndividualsDetailed Analysis:1. Validity of Import:The goods in question had an alcoholic strength of 59.3% vol., qualifying them as overproof whisky under ISI Standards. The Tribunal referenced the case of Bussa Overseas Properties Ltd. v. CC(I), Mumbai, which held that whisky of overproof alcoholic strength is to be treated as a concentrate of whisky. Consequently, the import of such goods without a specific licence was deemed unauthorized, leading to the upholding of the confiscation of the goods.2. Valuation of Goods:The department alleged that the correct value of the goods was UK lb3.78 per litre, based on various documents, including invoices and reports from the High Commissioner of India, U.K. However, the Tribunal found these documents unreliable as they were unsigned and lacked sufficient linkage to the goods imported by the appellants. The Tribunal emphasized that the manufacturer's invoices, which were signed and detailed, showed the price as lb1.40 per litre and were considered the best evidence of value. The Tribunal also referenced similar cases where the findings of undervaluation were set aside due to lack of concrete evidence. Hence, the duty demands based on the alleged higher value were set aside.3. Redemption Fine:The Tribunal acknowledged that the goods were imported without a valid licence, justifying the levy of a fine. However, considering the precedent set by the Bussa Overseas case, the long period since the import, and the liberalization of the Import Policy, the Tribunal found the fines imposed by the Commissioner excessive. The fines were reduced to Rs. 10 lakhs for FCPL and Rs. 15 lakhs for SRN.4. Penalty on the Importers:The Tribunal noted that similar consignments had been cleared under REP licences and that the correct interpretation of the entry in Appendix 2B was settled only recently. The imports were thus seen as a bona fide case of misinterpretation without mala fide intent. Consequently, the penalties imposed on the importers were set aside.5. Penalty on the Individuals:Following the reasoning for setting aside the penalties on the importers, the Tribunal also set aside the penalties imposed on Umesh S. Nagpal, Nandlal S. Nagpal, and Suresh R. Singh due to the lack of deliberate defiance of the law.Conclusion:The appeals were partly allowed, with the Tribunal setting aside the duty demands and penalties while reducing the redemption fines. The decision highlighted the importance of reliable evidence and the context of policy interpretation in adjudicating import-related disputes.