2013 (8) TMI 725 - AT - Customs

Tribunal ruling: Fraudulent exports rejected, fines set aside, penalties reduced, procedural fairness upheld

SUKUMAR CHEMICALS PVT. LTD. Versus COMMISSIONER OF C. EX., MEERUT-II

SUKUMAR CHEMICALS PVT. LTD. Versus COMMISSIONER OF C. EX., MEERUT-II - 2013 (293) E.L.T. 85 (Tri. - Del.) Issues Involved:1. Rejection of Drawback Claims2. Denial of DEPB Scrips3. Confiscation and Imposition of Redemption Fine4. Imposition of Penalties5. Procedural and Preliminary ObjectionsComprehensive Issue-wise Detailed Analysis:1. Rejection of Drawback Claims:The Commissioner rejected the drawback claims of M/s. Sukumar Chemicals and M/s. Agemo Leather Components, citing fraudulent export of old and used garments disguised as readymade garments. The investigation revealed that the appellants exported substandard wristwatches and PVC soles at inflated prices to claim higher and ineligible drawback amounts. The foreign buyer was closely related to the appellant-director, and the local suppliers were either non-existent or controlled by the appellant, raising doubts about the quality of the exported goods. The Tribunal upheld the rejection of drawback claims, emphasizing the appellants' failure to prove the genuineness of transactions and compliance with Section 76 of the Customs Act.2. Denial of DEPB Scrips:The Commissioner denied the benefit of DEPB scrips to the appellants, asserting that the DEPB claims were filed fraudulently against the export of watches and PVC shoe soles at inflated values. The Tribunal noted that while the DEPB scrips were issued by the competent authority, the action to deny TRA without canceling the DEPB scrips was inappropriate. However, since the DEPB scrips had expired by the time of the impugned order, no further action was deemed necessary.3. Confiscation and Imposition of Redemption Fine:The Commissioner ordered the confiscation of old and used garments fraudulently exported by the appellants and imposed hefty fines under Section 125 of the Customs Act. The Tribunal set aside the redemption fines, agreeing with the appellants that confiscation and redemption were not applicable as the goods had already been exported and were not available for confiscation.4. Imposition of Penalties:The Commissioner imposed substantial penalties on the appellant-companies and the appellant-director under Section 114 of the Customs Act for fraudulent exports. The Tribunal acknowledged the appellants' involvement in misdeclaration and overvaluation of exports to claim undue benefits but found the penalties excessive. The penalties were significantly reduced to Rs. 50,00,000/- each for M/s. Sukumar Chemicals, M/s. Agemo Leather Components, and the appellant-director.5. Procedural and Preliminary Objections:The appellants raised several procedural objections, including the relevance of the seizure on 14-9-1998, the absence of show cause notices to customs officers, and the delay in issuing the show cause notice. The Tribunal dismissed these objections, emphasizing the integral connection between the seizure and the investigation into past exports. The Tribunal also noted that departmental action had been taken against the officers involved, and the delay in issuing the show cause notice was justified by the extensive investigation required.Conclusion:The Tribunal upheld the rejection of drawback claims and set aside the redemption fines, while reducing the penalties imposed on the appellants. The denial of DEPB scrips was deemed procedurally improper but rendered moot by the expiration of the scrips. The Tribunal's decision balanced the need to penalize fraudulent activities with the recognition of procedural fairness and proportionality in penalties.