2007 (4) TMI 477 - AT - Customs

Tribunal upholds confiscation and fine, adjusts duty assessment based on declared value.

The Tribunal upheld the confiscation of undeclared goods, deemed the redemption fine and penalty reasonable, and allowed the appeal in respect of ... Confiscation, fine and penalty - Valuation - Second-hand goods Issues:1. Non-declaration and mis-declaration of items imported by the appellant for setting up a diagnostic center.2. Confiscation of impugned goods under Sections 111(d) and (m) of the Customs Act, 1962.3. Imposition of redemption fine and penalty by the adjudicating authority.4. Dispute over valuation of imported goods.Analysis:Issue 1: The appellant imported certain equipments for a diagnostic center but faced allegations of non-declaration and mis-declaration of items, leading to adjudication proceedings initiated by the Customs authorities.Issue 2: The adjudicating authority confiscated the undeclared goods under Sections 111(d) and (m) of the Customs Act, finding the appellant in violation. The Tribunal upheld the confiscation but deemed the redemption fine of Rs. 6 lakhs appropriate given the extent of undeclared items.Issue 3: The penalty of Rs. 1,50,000 imposed under Section 112 was considered reasonable by the Tribunal, given the mis-declaration of imported items, affirming the decision of the Original Authority.Issue 4: Regarding the valuation of the goods, the Tribunal found that the appellant's challenge to the valuation done by a manager from a rival organization was valid. As there were no sufficient grounds to reject the declared value, the Tribunal allowed the appeal only in respect of valuation, directing duty assessment based on the declared value while maintaining the fine and penalty imposed.In conclusion, the Tribunal upheld the confiscation of undeclared goods, deemed the redemption fine and penalty reasonable, and allowed the appeal in respect of valuation, directing duty assessment based on the declared value. The judgment provides a comprehensive resolution to the issues raised by the appellant in the appeal against the Order-in-Original passed by the Commissioner of Customs, Cochin.