2007 (2) TMI 74 - AT - Customs

Appeal success on penalty challenge under Section 114A, Managing Partner penalty upheld under Section 112(a)

The appeal challenging the penalty imposed on the appellant under Section 114A was successful as the Tribunal found the penalty unwarranted due to the ... Confiscation of good – Alleged that assessee has misdeclared the value of the good to be imported and accordingly demand for differential duty alongwith personal penalty imposed on one of the partner – Tribunal allow the appeal partly after considering the detail Issues:1. Differential duty on imported goods2. Confiscation of goods and penalties imposed3. Appeal against penalty under Section 114A4. Penalty imposed on Managing Partner under Section 112(a)Analysis:Issue 1:The appellant imported goods with a declared value not accepted by Customs authorities. The original authority demanded a differential duty based on the revised assessable value of the goods. The goods were ordered for confiscation under Sections 111(d) and (m) of the Customs Act, with an option for redemption on payment of a fine. Penalties were imposed on the appellant and others. The appeal filed by one individual against the decision was dismissed.Issue 2:An appeal was filed against the order of the Additional Commissioner by the Managing Partner of the appellant. However, no appeal was filed by another individual, leading to the penalty imposed on him becoming conclusive and binding. The appeal of the individual without a filed appeal was dismissed.Issue 3:The penalty imposed on the appellant under Section 114A was challenged on the grounds of no show-cause notice and determination of duty. The Tribunal found that the penalty under this provision requires a demand of duty determined in adjudication of a show-cause notice. Since no such notice was issued, the penalty was deemed unwarranted and vacated.Issue 4:Regarding the penalty imposed on the Managing Partner under Section 112(a), it was argued that without evidence of his involvement in rendering the goods liable for confiscation, the penalty cannot be imposed. The Tribunal noted that the misdeclaration of value rendered the goods liable for confiscation under Sections 111(d) and (m) of the Customs Act. As the misdeclaration was admitted, the penalty on the Managing Partner was upheld as just and fair.In conclusion, one appeal was dismissed, and another was partly allowed with the penalty vacated. The judgment modified the impugned order accordingly.