2017 (7) TMI 113 - AT - Customs

Dismissed appeals over delays, DEPB credit issues, and alleged fraud prompt Chief Commissioner inquiry.

H.M. Printer, Mohammedali Ali Mohammed Yunus General Versus Commissioner of Customs (EP), Mumbai

The appeals were dismissed due to the appellant's non-appearance causing delays, overvaluation of goods for DEPB credit triggering an investigation, ... Valuation - the goods were overvalued to take undue DEPB credit - attempted export of polyester fabrics - Held that: - it is surprising how adjudication is made with total disregard to law causing prejudice to interest of Revenue - Observing that the appellants had oblique motive to defraud revenue in the manner brought out in the SCN and fake and fabricated invoices were used to make undue DEPB claim, appeals are bound to be dismissed which otherwise would cause outflow of the public revenue at the cost of this country - appeal dismissed - decided against appellant. Issues:1. Non-appearance of the appellant leading to delays in the proceedings.2. Allegations of overvaluation of goods for DEPB credit leading to investigation.3. Disallowance of DEPB credit on live consignments while allowing it on past consignments.4. Contumacious conduct of the appellant and disregard for the law.5. Request for further enquiry by the Chief Commissioner of Customs.6. Allegations of oblique motive to defraud revenue and use of fake invoices.Analysis:1. The judgment highlighted the issue of non-appearance of the appellant, causing delays in the proceedings. Despite multiple opportunities, the appellant failed to engage in the case, leading to the rejection of adjournment applications and the eventual dismissal of the appeals due to their absence.2. The Revenue presented evidence of overvaluation of goods for DEPB credit, triggering an investigation into the matter. The examination by textile research associations confirmed the composition of the goods, which remained uncontested by the appellant, indicating a potential discrepancy in the valuation of the goods for export.3. The judgment discussed the Commissioner's decision to disallow DEPB credit on live consignments while allowing it on past consignments. It criticized the Commissioner for not thoroughly examining the investigation details and sympathetically exonerating the appellant from charges related to past consignments, leading to a potential injustice in the adjudication process.4. The judgment emphasized the contumacious conduct of the appellant and their disregard for the law, as evidenced by the use of bogus entities and fake invoices to inflate the value of exports. The lack of cooperation with the investigation further highlighted the serious nature of the allegations against the appellant.5. A request was made for the Chief Commissioner of Customs to conduct further inquiry into the adjudication process to address the observed discrepancies and potential prejudice to the interests of Revenue. This step was deemed necessary to ensure transparency and fairness in the handling of such cases.6. The judgment concluded by pointing out the appellant's alleged oblique motive to defraud revenue through the use of fake and fabricated invoices for making undue DEPB claims. The dismissal of the appeals was justified based on the findings of fraudulent practices aimed at causing a loss to public revenue and the country as a whole.