2006 (3) TMI 390 - AT - Customs

Customs Appeals Tribunal Overturns Order on DEEC Scheme Misuse for Gold Import

The Tribunal allowed the appeals against the Commissioner of Customs, Bangalore's Order-in-Original regarding misuse of the DEEC scheme for gold import. ... Valuation Issues:- Misuse of DEEC scheme for gold import- Discrepancies in quantity and purity of exported jewelry- Confiscation of goods, duty demand, and penalties- Legal validity of duty demand post-export obligation fulfillmentAnalysis:The case involved appeals against an Order-in-Original passed by the Commissioner of Customs, Bangalore, regarding the misuse of the DEEC scheme for importing gold. The jewelry items intended for export were intercepted due to discrepancies in quantity and purity. The declared purity of 22 carats was found to be less upon testing. Statements were recorded, revealing a shortage in the consignment. Show Cause Notices were issued proposing confiscation, duty demand, and penalties. The original authority confiscated goods, imposed fines, and demanded duty. Various penalties were also imposed on individuals associated with the case.The appellants challenged the order, presenting several arguments through their advocate. They emphasized that the Licensing Authority had certified the fulfillment of the Export Obligation, absolving them of further requirements. Citing legal precedents, they argued against duty demand post-export obligation fulfillment. They highlighted cases where breach of Customs conditions was negated by fulfillment of Export Obligation. The appellants stressed their reputation, lack of evidence supporting misdeclaration, and voluntary pre-deposit to secure goods' release.The Respondent, represented by the SDR, argued that evidence supported misdeclaration, leading to confiscation under the Customs Act. Duty demand was justified based on gold content discrepancies. Referring to relevant notifications, the SDR contended that continuous obligations existed for duty payment on discrepancies. The SDR distinguished cited case laws, asserting their inapplicability to the present situation.Upon careful review, the Tribunal found that the Export Obligation had been discharged as certified by the Joint DGFT. The cancellation of the legal undertaking further indicated fulfillment of obligations. Lack of coordination between Customs and DGFT was noted. Considering legal developments and precedents, the Tribunal concluded that duty demand post-export obligation discharge was not sustainable. Citing the Hy-grade Pellets decision and lack of duty demand validity, the appeals were allowed with consequential relief.In conclusion, the judgment addressed the misuse of the DEEC scheme, discrepancies in exported jewelry, confiscation, duty demand, and penalties. The legal validity of duty demand post-export obligation fulfillment was thoroughly analyzed, leading to the allowance of the appeals based on established legal principles and precedents.