2006 (2) TMI 451 - AT - Customs

Tribunal affirms duty demand & penalty for misdeclaration of imported goods value

The Tribunal upheld the duty demand and penalty imposed on the appellant for misdeclaring the value of imported watch cases. The rejection of transaction ... Confiscation - Misdeclaration - Natural justice - Demand and penalty Issues:1. Duty demand and penalty for misdeclaration of value in imported goods.2. Time bar for issuing show cause notice.3. Rejection of transaction value and imposition of penalty.4. Appeal against assessment order and imposition of penalty.5. Correct determination of assessable value based on export value.6. Violation of principles of natural justice.7. Application of extended period for demanding duty.Analysis:1. The case involved a duty demand and penalty on the appellant for misdeclaring the value of imported watch cases with metal bands. The appellant declared a lower value based on the invoice received from the supplier, while the export documents from the supplier showed a higher value. The Additional Commissioner confirmed the demand, imposed a redemption fine, and penalty under Section 114A of the Customs Act, which was upheld by the Commissioner (Appeals).2. The appellant argued that the show cause notice issued after five years from the import was time-barred. They contended that the goods were cleared in 1997, and the notice in 2002 was beyond the statutory limit. The discrepancy in dates between the export declaration and the goods' dispatch raised questions about the validity of the notice.3. The appellant challenged the rejection of transaction value and imposition of penalty, citing discrepancies in the description of goods, the absence of statutory authority for filing declarations, and compliance with Customs Valuation rules. They argued that no appeal was filed against the assessment order, and the penalty under Section 114A was unjustified due to the absence of collusion or willful misstatement.4. The appellant further contended that the assessment of the Bill of Entry was appealable, and since no appeal was filed by the department, the demand for differential duty was unsustainable. They argued against the application of Section 28AB for short levy, stating there was no suppression of facts or misdeclaration of value justifying the confiscation of goods and imposition of a redemption fine.5. The Tribunal analyzed the Custom Valuation Rules and determined that the transaction value should be based on the price paid for the goods adjusted according to the rules. The export value obtained from Hong Kong customs was considered valid for determining the assessable value in India, as the goods imported matched those exported, as evidenced by consistent supply numbers and descriptions.6. Regarding the violation of natural justice, it was found that relevant documents were shown to the authorized consultant during the hearing before the adjudicating authority, indicating no breach of principles of natural justice in the proceedings.7. The extended period for demanding duty under Section 28 of the Customs Act was applied due to collusion between the importer and exporter in misstating the value of goods. The duty demand and penalty were upheld as correct based on the extended period and the misdeclaration of value.In conclusion, the Tribunal rejected the appeal, affirming the lower authorities' findings based on factual evidence and the correct application of the law. The judgment highlighted the importance of accurate valuation of imported goods, compliance with Customs rules, and the consequences of misdeclaration or collusion in duty assessment.