2009 (3) TMI 842 - AT - Customs

Tribunal adjusts penalties for importers of old photocopiers under Customs Act

The Tribunal allowed the appeals in part, setting aside the contravention of certain sections of the Customs Act related to the import of old and used ... Confiscation - Misdeclaration Issues involved:Free importability of old and used photocopiers, valuation of goods.Analysis:The judgment dealt with the issues of free importability of old and used photocopiers and the valuation of goods. The goods were held liable for confiscation under Section 111(d) of the Customs Act, 1962 and Section 3(3) of the Foreign Trade (Development & Regulation) Act, 1992 for import without a specific license, and under Section 111(m) for misdeclaration of value. The value of the goods was enhanced, and penalties were imposed on the importers under Section 112 of the Customs Act.The Tribunal considered the contention of the importers that the goods were freely importable, citing a judgment of the Apex Court in a related case. The Apex Court held that import of old and used photocopiers was not restricted before a certain date and that a specific notification restricted such imports only after that date. The Tribunal agreed with this interpretation, setting aside the finding of contravention of Section 111(d) of the Act.Regarding the contravention of Section 111(m) for misdeclaration of value, both importers accepted the enhanced value determined by the Commissioner. Therefore, the Tribunal upheld the confiscation of the goods but reduced the redemption fine and penalties imposed on the importers. The redemption fine and penalties were reduced for both importers, and the appeals were partly allowed based on these findings.In conclusion, the judgment clarified the importability of old and used photocopiers and the valuation of goods, setting aside the contravention of certain sections of the Customs Act while upholding others and adjusting the redemption fine and penalties accordingly.