2010 (12) TMI 406 - AT - Customs

Tribunal affirms decision on undervaluation case, upholds increased duty, penalties

The Tribunal upheld the adjudicating Commissioner's decision to reject the declared values of the appellants, increase values, demand differential duty, ... Waiver of pre-deposit - Misdeclaration of the value - Prima facie the case of gross misdeclaration of the value by the appellants is evident on the face of records - There is no explanation forthcoming from the appellants as to how they could insure the consignments for a value which is ten times higher than the value they have declared to Customs authorities - The learned Advocate also does not have any details to support his claim that the lower values declared to Customs authorities are genuine on the face of higher values declared to insurance authorities and accepted by them for the insurance purposes - Further, the adjudicating Commissioner has taken into account the confessional statements made by the appellants themselves under Section 108 of the Customs Act, 1962 and the same are clearly admissible as evidence since neither the statements have been retracted nor any complaint has been made to anyone that these were not voluntarily given . Hence, determined the pre-deposit amount to the extent of roughly 1/3rd of the differential duty amount as voluntarily agreed on behalf of the appellants in those cases. Issues:1. Rejection of declared value and redetermination of value by the adjudicating Commissioner.2. Imposition of differential duty and contesting penalties.3. Allegation of non-application of mind by the adjudicating Commissioner.4. Discrepancy between declared value and insured value.5. Reliance on confessional statements under Section 108 of the Customs Act.6. Determination of pre-deposit amount.Analysis:1. The adjudicating Commissioner rejected the declared values of the appellants in two appeals, significantly increasing the values and demanding differential duty. The appellants contested the increase in value, differential duty demand, and penalties imposed. The Commissioner's decision was based on evidence, including confessional statements by the appellants.2. The appellants argued that the Commissioner's order lacked proper application of mind and requested remand for fresh adjudication without pre-deposit. However, the department countered, asserting that the Commissioner thoroughly examined the case and substantiated the charges against the appellants.3. The appellants' advocate highlighted discrepancies between the declared value for Customs purposes and the value for which the consignments were insured. The Commissioner adopted the insured value in some cases, leading to a significant enhancement in value. The advocate failed to provide a satisfactory explanation for the discrepancy.4. The department emphasized the importance of the appellants' confessional statements under Section 108 of the Customs Act, wherein they admitted undervaluation. The Commissioner justified determining the value under residual provisions due to the absence of similar import values.5. After considering both sides' submissions, the Tribunal found evidence of gross misdeclaration of value by the appellants. The confessional statements, lack of retraction, and absence of complaints regarding coercion supported the Commissioner's decision. A pre-deposit amount was determined based on similar cases, directing the appellants to comply within a specified timeframe.6. The Tribunal directed the appellants to pre-deposit a specific amount within a set period, with the requirement of pre-deposit for the remaining balance, including penalties, waived during the appeal's pendency. The decision was pronounced in court on a specified date.