2007 (3) TMI 425 - AT - Customs

Tribunal Upholds Confiscation of HMS, Reduces Penalties for Procedural Violations

KANISHK STEEL INDUSTRIES Versus COMMISSIONER OF CUSTOMS, CHENNAI

The Tribunal upheld the confiscation of Heavy Melting Scrap (HMS) due to unaccepted pre-shipment inspection certificates under Section 111(d) of the ... Confiscation of goods - Pre-shipment inspection certificate, absence of - Penalty Issues:1. Import of Heavy Melting Scrap (HMS) with unaccepted pre-shipment inspection certificates.2. Confiscation of goods under Section 111(d) of the Customs Act.3. Redemption fine and penalties imposed by the Commissioner.4. Validity of end-use certificates and subsequent recognition of the inspection agency.5. Comparison with relevant case laws regarding confiscation and penalties.6. Mitigating circumstances and reduction of penalties.Issue 1: Import of Heavy Melting Scrap with unaccepted pre-shipment inspection certificatesThe appellants imported two consignments of Heavy Melting Scrap (HMS) accompanied by pre-shipment inspection certificates from an agency not recognized by Customs authorities. The goods were treated as prohibited for import, seized, and eventually confiscated under Section 111(d) of the Customs Act. The appellant argued that the Abidjan branch of the inspecting agency was later recognized, and the goods were provisionally cleared and used for the intended purpose as evidenced by end-use certificates.Issue 2: Confiscation of goods under Section 111(d) of the Customs ActThe Commissioner confiscated the goods due to the unaccepted pre-shipment inspection certificates, mandating redemption against a fine. The Tribunal upheld the confiscation as the goods lacked the required certificates from recognized agencies at the time of import, justifying the Commissioner's decision under Section 111(d) of the Customs Act.Issue 3: Redemption fine and penalties imposed by the CommissionerThe Commissioner imposed fines of Rs. 1.20 lakhs and Rs. 3.00 lakhs, along with penalties of Rs. 20,000/- and Rs. 50,000/- on the appellant. While the redemption fines were deemed reasonable, the penalties were considered excessive by the Tribunal, noting that there was only a procedural violation by the importer. The Tribunal reduced the penalties to Rs. 12,500/- and Rs. 25,000/- respectively.Issue 4: Validity of end-use certificates and subsequent recognition of the inspection agencyThe Tribunal considered the validity of end-use certificates and the subsequent recognition of the inspection agency by the Government. The Tribunal acknowledged the end-use certificates and the agency's later recognition but upheld the confiscation due to the initial lack of required certificates from recognized agencies.Issue 5: Comparison with relevant case laws regarding confiscation and penaltiesThe Tribunal compared the present case with relevant case laws, including Northern India Steel Rolling Mills v. Commissioner and Shri Dinesh Mills Ltd. v. Commissioner. While the Tribunal considered the facts of these cases, it upheld the confiscation in the present case due to the absence of mandatory certificates from recognized agencies at the time of import.Issue 6: Mitigating circumstances and reduction of penaltiesConsidering mitigating circumstances such as subsequent agency recognition, intended use of the imported goods, and procedural violations, the Tribunal reduced the imposed penalties from Rs. 20,000/- and Rs. 50,000/- to Rs. 12,500/- and Rs. 25,000/- respectively. The Tribunal allowed the appeals only to the extent of reducing the penalties.This comprehensive analysis of the judgment covers the issues involved and the Tribunal's detailed reasoning behind each decision.