2008 (5) TMI 570 - AT - Customs

Appellant's Reduced Fine and Penalty Upheld for Import Policy Violation

The Tribunal clarified that the appellant must pay a reduced fine of Rs. 8,00,000/- and a penalty of Rs. 2,00,000/- for violating import policy, despite ... Penalty and redemption fine - Quantum of - Import of car Issues:1. Interpretation of the Tribunal's final order regarding payment of fine and penalty.Analysis:The case involved an appeal by an importer regarding the confiscation of a car for violation of import policy and undervaluation. The Commissioner (Appeals) upheld the enhancement of value but reduced the fine and penalty. The Tribunal's final order directed the Revenue to accept the invoice value, but did not address the issue of fine and penalty. The appellant contended that since the appeal was allowed, there was no obligation to pay fine and penalty. The Revenue insisted on payment, leading to further legal proceedings.The dispute escalated to the High Court and the Supreme Court, with the latter dismissing the Revenue's appeal. However, the issue of fine and penalty remained unresolved. The appellant filed a contempt petition for non-compliance with the Supreme Court's order, leading to the release of the car. The Supreme Court directed the appellant to seek clarification from the Tribunal regarding the payment of fine and penalty, resulting in the Commissioner filing a miscellaneous application.The Revenue argued that the importer did not seek a total waiver of fine, only modification of the quantum. The Tribunal's final order did not disturb the Commissioner's findings on fine and penalty. The appellant's interpretation that the appeal's success waived the fine and penalty entirely was disputed by the Revenue. The appellant's cross objection cited previous court judgments supporting their position on the issue.Upon careful consideration, the Tribunal clarified that the appellant was still liable to pay fine and penalty due to the violation of import policy. The fine was reduced to Rs. 8,00,000/- and the penalty to Rs. 2,00,000/-, considering the circumstances of the case. The Tribunal highlighted that the absence of specific findings on fine and penalty in the final order led to differing interpretations, necessitating this clarification. Both the Revenue and the appellant's contentions were addressed, ultimately resolving the issue of payment of fine and penalty.In conclusion, the Tribunal clarified the appellant's liability to pay fine and penalty despite the successful appeal on valuation issues. The decision to reduce the fine and penalty amounts was based on the case's specific circumstances, aiming to achieve justice. The clarification provided by the Tribunal resolved the dispute regarding the payment obligations arising from the import policy violation.Judgment:The Tribunal clarified that the appellant was liable to pay a reduced fine of Rs. 8,00,000/- and a penalty of Rs. 2,00,000/- due to the violation of import policy, despite the successful appeal on valuation matters. The Tribunal's decision aimed to address the differing interpretations arising from the absence of specific findings on fine and penalty in the final order, ensuring a fair resolution to the dispute.