2005 (6) TMI 382 - AT - Customs

Tribunal overturns penalty for misdeclaration of goods value under DEPB scheme

The Tribunal set aside the penalty imposed on the appellant for alleged misdeclaration of goods' value under the DEPB scheme. The appellant provided ... Valuation (Customs) - Penalty - Export under DEPB claim Issues:- Challenge against imposition of penalty for alleged misdeclaration of goods' value under DEPB scheme.Analysis:The appeal was filed against an adjudication order imposing a penalty of Rs. 1,00,000 on the appellant for allegedly misdeclaring the value of Digital Electronics Watches exported under the DEPB scheme. The Customs authorities conducted market inquiries and found the goods overpriced, leading to the imposition of the penalty. The appellant contended that they did not misdeclare the goods' value and submitted a Chartered Accountant certificate showing the manufacturing cost at Rs. 375 per piece. They argued that the Commissioner did not consider this certificate and that the market inquiries indicated the absence of similar goods in the market for comparison. The Revenue, on the other hand, claimed misdeclaration based on the approved value of Rs. 30 per piece and the declared value of Rs. 410 per piece in the shipping bills.The Tribunal found that the appellant had provided evidence of the manufacturing cost through the Chartered Accountant certificate, which the Commissioner did not consider. Additionally, the market inquiries confirmed the unavailability of similar goods for sale in the market. As the appellant had given up their claim for DEPB benefit based on the declared value, the Tribunal did not delve into that aspect. Considering the lack of comparable goods in the market and the proximity of the Chartered Accountant certificate value to the declared value, the Tribunal concluded that the penalty was not justified. Consequently, the penalty imposed on the appellant was set aside, and the appeal was disposed of in favor of the appellant.