2004 (5) TMI 347 - AT - Customs

Tribunal overturns order confiscating export goods, citing lack of evidence and flawed inquiries.

The Tribunal set aside the impugned order confiscating goods meant for export to Bangladesh and imposing a penalty on the appellants. The appellants ... Confiscation of goods and penalty Issues:1. Confiscation of goods meant for export to Bangladesh.2. Ownership claim of the goods seized by BSF officers.3. Failure to conduct proper inquiries by the Revenue.4. Financial status assessment of the noticees.5. Rejection of transport documents and lack of concrete evidence.Detailed Analysis:1. The judgment dealt with the issue of confiscation of 195 bundles of clothes meant for export to Bangladesh, leading to the imposition of a personal penalty on the appellants. The Commissioner of Customs, Kolkata passed the impugned order confiscating the goods and imposing the penalty. The appellants claimed ownership of the goods, stating they were purchased from Kolkata for resale from their authorized cloth shops in Murshidabad. The goods were seized by BSF officers near the border, but the appellants contended that they were forcefully lifted from the truck at a different location. They provided certificates and evidence to support their claim. The Tribunal considered the conflicting claims and lack of conclusive evidence, ultimately setting aside the impugned order and allowing the appeals.2. The issue of ownership claim by the appellants regarding the seized goods was closely examined. The appellants asserted that the goods were seized from a location different from where BSF officers claimed. They provided certificates from local residents and bills/challans to support their claim of purchase from authorized shops. Despite their submissions and evidence, the Revenue failed to conduct proper inquiries from relevant parties to verify the authenticity of the appellants' claims. The Tribunal noted the lack of investigative efforts by the Revenue and the conflicting accounts of the place of seizure, leading to the decision to set aside the impugned order.3. The judgment highlighted the failure of the Revenue to conduct thorough inquiries into the case. The appellants requested an in-depth investigation into the seizure of goods, presenting evidence and witness statements to support their version of events. However, the Revenue did not follow up on these leads or contact the local residents or shop owners for verification. The Tribunal criticized the lack of investigative efforts by the Revenue, emphasizing the importance of conducting proper inquiries to establish the facts of the case.4. The financial status assessment of the noticees was another key issue addressed in the judgment. The Commissioner questioned the appellants' financial capacity to purchase the bulk quantity of textile materials seized. The appellants claimed they acquired the goods on credit, but the Commissioner's assessment was based on personal views rather than concrete evidence of their business activities. The Tribunal noted the absence of evidence reflecting upon the appellants' financial status and criticized the Commissioner's reliance on personal assessment without verifying the appellants' business records.5. The rejection of transport documents and lack of concrete evidence were significant factors in the judgment. The appellants provided bills, invoices, and transport documents to support their ownership claim and the purchase of goods from authorized shops. However, the Commissioner rejected these documents, citing assumptions and presumptions without conducting proper investigations. The Tribunal emphasized the importance of concrete evidence and proper inquiries, highlighting the flaws in the Revenue's approach and ultimately setting aside the impugned order based on the lack of substantial evidence and the contested nature of the seizure circumstances.