2015 (12) TMI 853 - AT - Customs

Tribunal Upholds Car Confiscation, Reduces Fine & Penalty for Customs Violation

FULFORD INDIA LTD. Versus COMMR. OF CUS. (IMPORT), NHAVA SHEVA

FULFORD INDIA LTD. Versus COMMR. OF CUS. (IMPORT), NHAVA SHEVA - 2015 (318) E.L.T. 527 (Tri. - Mumbai) Issues:Confiscation of vehicle for non-production of homologation certificate, imposition of fine and penalty under Customs Act, 1962.Analysis:The appeal challenged an Order-in-Original confiscating a BMW 525 I RHD Limousine car valued at Rs. 15,76,960, with an option to redeem on payment of fine and imposition of penalty under Section 112(a) of the Customs Act, 1962. The appellant argued that the non-production of the homologation certificate was due to the cumbersome process and should not result in harsh penalties. The Revenue contended that the certificate was a requirement under the EXIM Policy, and the appellant failed to fulfill the undertaking made at the time of clearance. The value of the car was considered in justifying the fine and penalty imposed.The Tribunal acknowledged the requirement of the homologation certificate and the appellant's failure to produce it within the stipulated time, leading to the confiscation under Section 111(d) of the Customs Act. However, considering that the car was used in India without commercial intent, the Tribunal deemed the initial fine and penalty excessive. They reduced the fine to Rs. 1.5 lakhs (approximately 10% of the car's value) and the penalty to Rs. 75,000 (approximately 5% of the car's value), emphasizing the minimal nature of the fine and penalty due to the circumstances.In conclusion, the appeal was disposed of with the revised fine and penalty amounts, highlighting the importance of considering the specific circumstances and value of the goods in determining the appropriate penalties under the Customs Act, 1962.