2003 (11) TMI 370 - AT - Customs

Importing Garlic Without License in 1996: Court Upholds License Requirement

The appeal regarding the eligibility of importing garlic in 1996 without a license was considered. The court upheld that garlic required a license for ... Import - OGL - Confiscation and penalty Issues:Eligibility of garlic importation in 1996 without a license.Analysis:The appeal considered the eligibility of importing garlic in 1996 without a license. The Commissioner (Appeals) upheld the Assistant Commissioner's decision that garlic required a license for importation. The appellant was absent, seeking adjournment multiple times, which was declined. The main contention was that garlic satisfied human needs directly without processing and was considered consumer goods, requiring a license. The appellant argued that specific regulations permitted garlic importation without a license, and any ambiguity should favor the taxpayer. The appellant also claimed prior importation without objection, leading to a belief in free importation.The reference to Regulation 3(9) was found unclear, with provisions for permits on seeds and plants for consumption or sowing/planting. The importation of garlic did not fall under these categories. The regulations did not explicitly permit garlic importation without a license. The prior importation without objection did not justify the belief in free importation. The penalty imposed on the importer was set aside due to the prior clearance of garlic but did not affect the liability for confiscation under Section 111 of the Act. The liability for confiscation was not dependent on the importer's state of mind. The penalty was overturned, but the decision on confiscation remained unchanged.In conclusion, the appeal was allowed in part, setting aside the penalty but confirming the liability for confiscation of the garlic under the relevant provisions. The judgment highlighted the importance of adhering to import regulations and the consequences of unauthorized importation, regardless of prior experiences or beliefs.