TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal upholds container valuation, adjusts fines & penalties under Customs Act</h1> <h3>M/s DVS Industries Pvt. Ltd. Versus Commr. of Customs (General) Mumbai</h3> M/s DVS Industries Pvt. Ltd. Versus Commr. of Customs (General) Mumbai - TMI Issues:1. Import of containers under EPCG scheme and failure to re-export within the stipulated time period.2. Denial of extension request and issuance of Show Cause Notices proposing confiscation of containers, duty demands, penalties, and interest.3. Adjudication of the case, valuation of containers, duty demands, confiscation, redemption fines, penalties, and interest.4. Appeal filed before the Tribunal challenging the impugned order.Issue 1: Import of containers under EPCG scheme and failure to re-export within the stipulated time period:The Appellant, a steamer agent, imported 75 containers under the EPCG scheme but failed to re-export them within the specified time frame of six months from the date of import, as required by Exemption Notification No. 104/94. The Appellant belatedly applied for an extension of time, which was denied, leading to the issuance of Show Cause Notices proposing confiscation of containers, duty demands, penalties, and interest.Issue 2: Denial of extension request and issuance of Show Cause Notices:The Appellant's request for an extension of time to re-export the containers was denied, resulting in the issuance of Show Cause Notices dated 12th October 2007. The Notices proposed confiscation of containers under Section 111(o) of the Customs Act, 1962, along with duty demands of specific amounts for the containers imported under different dates, penalties under Section 112, and interest under Section 28AA of the Customs Act.Issue 3: Adjudication and determination of penalties, fines, and duty demands:After considering the submissions, the Adjudicating Authority determined the depreciated value of the containers and demanded duties accordingly. The Authority confirmed the confiscation of containers with options for redemption at specified fines under Section 125 of the Customs Act. Penalties were imposed under Section 112, and interest was levied under Section 28AA. The initial valuation and demands were later revisited upon appeal, leading to re-adjudication and revised orders dated 27th August 2018.Issue 4: Appeal before the Tribunal and final judgment:The Appellant filed an appeal before the Tribunal challenging the impugned orders. Upon review, the Tribunal upheld the valuation of containers, duty demands, and confiscation orders but made adjustments to the redemption fines and penalties imposed under Section 112 of the Customs Act. The Tribunal considered the strict interpretation of exemption notifications, the failure to seek an extension for re-export, and the conditionality of confiscation under Section 111(o) of the Customs Act in upholding the revised orders.This detailed analysis covers the issues involved in the legal judgment delivered by the Appellate Tribunal CESTAT MUMBAI, providing a comprehensive overview of the case's progression, adjudication, and final resolution.
TaxTMI 
TaxTMI 
