2008 (11) TMI 468 - AT - Customs

Tribunal adjusts values and penalties for unauthorized electric motor import

The Tribunal upheld the confiscation of five old electric motors due to import without a license but adjusted the assessable value to Rs. 31,824/- per ... Valuation - Confiscation, redemption fine and penalty Issues: Import of old electric motors without required license, assessment of assessable value by Chartered Engineers, imposition of redemption fine and penalty.Analysis:1. Import without License: The appellant imported five old electric motors without the required license, leading to the goods being considered liable for confiscation. The original authority determined the assessable value based on assessments by three Chartered Engineers, with values ranging from Rs. 31,824/- to Rs. 63,650/- per piece. The Commissioner (Appeals) upheld the assessable value but reduced the redemption fine and penalty imposed.2. Assessment of Assessable Value: The appellant argued that the goods were old and used, requiring significant reconditioning before use, as confirmed by the reports of the Chartered Engineers. The Tribunal noted that the department, by referring to three experts, could not arbitrarily adopt the highest assessable value without providing reasons for disregarding the other assessments. Consequently, the Tribunal determined the assessable value to be Rs. 31,824/-, the lowest value provided by the Chartered Engineers, impacting the duty liability.3. Redemption Fine and Penalty: The Tribunal considered the appellant's submission regarding the high redemption fine and penalty, along with substantial demurrage costs incurred. In light of the reduced assessable value and acknowledging the demurrage expenses, the Tribunal further decreased the redemption fine from Rs. 50,000/- to Rs. 10,000/- and the personal penalty from Rs. 35,000/- to Rs. 5,000/-, aiming for a fair and balanced resolution.4. Conclusion: Ultimately, the appeal was disposed of with the Tribunal upholding the confiscation due to the import without a license but adjusting the assessable value, redemption fine, and penalty to reflect a more equitable outcome considering the circumstances of the case and the submissions made by both parties.