2017 (11) TMI 1119 - AT - Customs

Customs Jurisdiction over SEZ Units Pre-2016 Amendment Upheld by Tribunal

Shri Jatin Arora Versus C.C., New Delhi

The Tribunal held that Customs Authorities have jurisdiction over SEZ units even before the 2016 amendment to the SEZ Rules, following the decision in ... SEZ unit - penalties - jurisdiction of customs authorities - Held that: - Customs Authorities had the jurisdiction to adjudicate cases originating within a SEZ even for the period prior to the amendment in the SEZ Rules. To this extent the impugned order cannot be held to be passed without jurisdiction. Whether penalty can be imposed on Sh. Jatin Arora, partner in as much as penalty has already been imposed on the a SEZ unit? - Held that: - The investigation further established that Sh. Jatin Arora, partner, was the main person who was instrumental in planning and carrying out the systematic diversion of duty-free imported good - the impugned order has clearly brought out the fact that Sh. Jatin Arora, partner, has indulged in acts of commission leading to evasion of customs duty by M/s Global Partners (India) - for the acts of omission and commission on the part of Sh. Jatin Arora leading to the evasion of customs duty by M/s Global Partners (India), he will be liable for penalty both under section 114 A as well as section 114AA - penalty upheld. Appeal dismissed - decided against appellant. Issues Involved:1. Jurisdiction of Customs Authorities over SEZ units.2. Imposition of penalties on individual partners when penalties have already been imposed on the partnership firm.Detailed Analysis:Jurisdiction of Customs Authorities over SEZ units:1. Background and Arguments: The appellant argued that the Customs Authorities lacked jurisdiction to confiscate goods and impose penalties on a unit situated in the SEZ area, as SEZ units are deemed to be outside the customs territory of India. This argument was based on Section 3(1) of the SEZ Act 2005 and supported by case laws such as Morgan Tetronics Ltd. Vs. CC New Delhi and Charisma Jewellery Pvt. Ltd. Vs. CC Mumbai. The appellant contended that the powers of Customs Authorities were extended to SEZ units only via the SEZ Rules (Amendment) Rules 2016, effective from 05.08.2016.2. Counter-Arguments: The respondent argued that SEZs are physically within India, and thus, Customs officers have jurisdiction since the Customs Act applies to the whole of India. The respondent distinguished the case of Amritlakshmi Machine Works, arguing that penalties can be imposed on both the partner and the firm if the partner acted with knowledge in his individual capacity.3. Tribunal’s Analysis: The Tribunal noted the appellant's reliance on previous decisions that Customs Authorities had no jurisdiction over SEZ units. However, it also considered the contrary view of the Gujarat High Court in Union of India Vs. Oswal Agricomm Pvt. Ltd., which held that Customs Authorities retain the power to confiscate goods and impose penalties under the Customs Act, even for SEZ units.4. Conclusion: The Tribunal, following the Gujarat High Court’s decision, held that Customs Authorities had jurisdiction to adjudicate cases originating within a SEZ even before the 2016 amendment to the SEZ Rules. Thus, the impugned order was not without jurisdiction.Imposition of Penalties on Individual Partners:1. Background and Arguments: The appellant argued that penalties could not be imposed on Sh. Jatin Arora, a partner, as penalties had already been imposed on the partnership firm, M/s. Global Partners (India). This argument was supported by the case of Amritlakshmi Machine Works, where it was held that penalties on partners require a specific case of individual knowledge and involvement.2. Counter-Arguments: The respondent contended that penalties can be imposed on both the partner and the firm if the partner had acted with knowledge. The respondent highlighted that Sh. Jatin Arora was instrumental in planning and executing the evasion of customs duty.3. Tribunal’s Analysis: The Tribunal examined the show cause notice and the impugned order, which detailed Sh. Jatin Arora’s role in the systematic diversion of duty-free imported goods. The adjudicating authority found that Sh. Jatin Arora was responsible for the diversion and substitution of imported goods with old and worthless items to cover up the evasion.4. Conclusion: The Tribunal agreed with the adjudicating authority’s findings that Sh. Jatin Arora’s acts of commission led to the evasion of customs duty. Thus, penalties under Section 114A and Section 114AA were justified. The Tribunal upheld the penalties imposed on Sh. Jatin Arora and rejected the appeal.Final Decision:The appeal filed by Sh. Jatin Arora was rejected, and the penalties imposed on him were upheld. The Tribunal clarified that no other appeals by any other persons were considered. The order was pronounced in the open court on 26.10.2017.