2020 (3) TMI 1443 - AT - Customs

Imported marble blocks confiscation upheld without valid license; redemption fine set aside, penalty deducted from sale proceeds.

Commissioner of Customs, New Delhi Versus M/s Oriental Trimex Ltd.

The Commissioner (Appeals) upheld the confiscation of imported marble blocks due to the absence of a valid import license, with an option for redemption ... Recovery of redemption fine and penalty, from the sale proceeds, if the confiscated goods are sold/disposed of by auction during the pendency of appeal - HELD THAT:- Once confiscation of the goods is held to be valid in any proceedings, the property in the goods is vested in the Government and the sale proceeds being the total consideration of such property, as a natural corollary such sale proceeds will represent the confiscated goods. Once the confiscated goods allowed to the redeemed on a redemption fine, the sale proceeds which represent the goods, will be paid to the importer only after deduction of such fine. Thus, the redemption fine is to be charged from the importer while releasing the goods, the same also needs to be recovered from the sale proceeds which represent the consideration of the property. In view of the contradicting decisions on the matter at hand by the benches of the Tribunal, the matter referred to Larger Bench on the following issue:- “whether the redemption fine and penalty, if any, imposed in the adjudication order needs to be recovered from the sale proceeds, if the confiscated goods are sold/disposed of by auction during the pendency of appeal”. The main appeal is referred to the Larger Bench for consideration. Issues:1. Validity of confiscation of imported goods under Section 111(d) of the Customs Act, 1962.2. Imposition of redemption fine and penalty on the importer.3. Disposal of goods by the department during the pendency of appeal and its impact on payment of redemption fine.4. Applicability of payment of redemption fine and Customs duties when goods are not available for redemption.5. Disagreement between revenue and respondent regarding deduction of redemption fine from sale proceeds.6. Reference to Larger Bench on the issue of recovering redemption fine and penalty from sale proceeds.Analysis:1. The judgment revolves around the importer's failure to clear imported marble blocks requiring a specific import license. The Adjudicating authority ordered confiscation of goods under Section 111(d) of the Customs Act, 1962, with an option for redemption on payment of a fine and imposition of a penalty. The Commissioner (Appeals) upheld the confiscation due to the absence of a valid import license, leading to auction of goods during the appeal process.2. The Commissioner (Appeals) set aside the redemption fine of Rs. 20,00,000 and directed deduction of the penalty from the sale proceeds, allowing the importer to claim the remaining amount. The penalty was deemed valid as the goods were liable for confiscation and penalty imposition was justified based on circumstances.3. The revenue contended that non-availability of goods does not absolve the importer from paying redemption fine as per Section 125 of the Customs Act, emphasizing the legal obligation even if goods are disposed of during the appeal process. Citing a previous Tribunal decision, the revenue argued for deduction of redemption fine and penalty from sale proceeds.4. In contrast, the respondent argued against deducting redemption fine from sale proceeds when goods are unavailable for redemption, citing a Tribunal decision supporting this stance. The respondent emphasized that once goods are confiscated and auctioned, the redemption fine and Customs duties do not apply.5. Given the conflicting interpretations, the Tribunal referred the matter to a Larger Bench to determine whether redemption fine and penalty imposed in an adjudication order should be recovered from sale proceeds if confiscated goods are sold during an appeal.6. The judgment highlights the complexity of balancing legal obligations, property rights, and procedural fairness in cases of confiscated goods, necessitating further clarification on the treatment of redemption fines and penalties when goods are disposed of during an appeal process.