2003 (6) TMI 406 - AT - Customs

Tribunal overturns confiscation order, emphasizing compliance with import/export policies.

TANGERINE INFORMATIQUE LTD. Versus COMMISSIONER OF CUS. (PREV.), MUMBAI

The Tribunal allowed the appeals, setting aside the order holding the goods liable to confiscation under clauses (m) and (o) of Section 111. It was found ... EXIM - Re-engineering - Computers - Valuation - Misdeclaration Issues: Liability to confiscation under clauses (m) and (o) of Section 111 of the Act for import of 300 units of automatic data processing systems and penalty imposition on the Managing Director under Section 112.Liability to Confiscation under Clauses (m) and (o) of Section 111:The case involved the liability to confiscation under clauses (m) and (o) of Section 111 of the Act concerning the import of 300 units of automatic data processing systems. The appellant imported these units under specific provisions of the policy applicable to units in the export processing zone. The Commissioner held the goods liable to confiscation with an option to redeem upon payment of a fine and imposed a penalty on the Managing Director. The appellant contended that the goods were exported after executing a bond as required by Notification 133/94, which exempted goods imported for re-engineering and export. The Commissioner dropped the demand for duty but still held the goods liable to confiscation under the mentioned clauses. The appellant argued that the upgrading of the computer systems constituted manufacture and fell under the policy's definition. The Tribunal found that the goods were upgraded and exported, thus invoking the provisions of clause (o) of Section 111, and concluded that confiscation under this clause could not be supported.Penalty Imposition under Section 112:The issue of penalty imposition on the Managing Director was also addressed in the judgment. The Commissioner alleged misdeclaration of the value of the systems, contending that they should have been valued higher per unit. The appellant explained that the lower price was due to an arrangement with a Singapore firm and that the consignee and the buyer were associated companies. The Tribunal found no grounds for misdeclaration of value, especially since the goods were not found liable for duty. It was noted that even if there was a misdeclaration, it would be of an academic nature. Consequently, the Tribunal held that there were no grounds for confiscation of the goods or imposition of a penalty on the Managing Director.Conclusion:In conclusion, the appeals were allowed, and the impugned order was set aside. The Tribunal provided consequential relief in favor of the appellant. The judgment highlighted the importance of complying with the policy provisions regarding importation, manufacturing, and exportation of goods, emphasizing the need for clarity in bond execution and adherence to the defined processes to avoid potential liabilities such as confiscation and penalties.