Commissioner's Appeals Order on Gold Confiscation and Customs Duty Overturned for Procedural Errors

M/s GR Jewellers Versus Commissioner of Customs-Mumbai (Prev) New Custom House, Ballard Estate, Mumbai

M/s GR Jewellers Versus Commissioner of Customs-Mumbai (Prev) New Custom House, Ballard Estate, Mumbai - TMI Issues involved:
The judgment involves the modification of an Order-in-Original related to the confiscation of gold, imposition of customs duty, and penalty. The key issues include the rejection of the appellant's appeal for not making a mandatory pre-deposit, the application of Section 128A(3)(a) of the Customs Act, 1962 by the Commissioner (Appeals), and the failure to follow the procedure for enhancing penalty as per the proviso under the said section.

Confiscation of Gold and Customs Duty:
The case involved the interception of goods by Revenue, with the appellant claiming ownership. The goods were classified under Customs Tariff Item No. 71081200, and the assessable value and customs duty were determined. The Original Authority ordered the confiscation of the gold and provided an option for redemption on payment of a fine. The Commissioner (Appeals) modified the order to absolute confiscation of the gold, dropping the customs duty demand and penalty, leading to the appellant's appeal before the Tribunal.

Failure to Follow Procedure for Penalty Enhancement:
The appellant argued that no pre-deposit was required as the original authority had set aside the customs duty demand. The Commissioner (Appeals) was criticized for not following the procedure under Section 128A(3)(a) of the Customs Act, 1962, which mandates a reasonable opportunity for showing cause before enhancing penalties. The Revenue's representative acknowledged the failure to follow the prescribed procedure.

Judgment and Remand:
The Tribunal found errors in the Commissioner (Appeals)'s order, noting the absence of a customs duty demand if the goods were not redeemed and the lack of penalty imposition by the original authority. The Tribunal ruled the impugned order as unsustainable, setting it aside, and remanded the matter back to the Commissioner (Appeals) for fresh consideration, emphasizing adherence to proper procedures as prescribed in the Customs Act, 1962.

Separate Judgment:
The judgment was delivered by Hon'ble Mr. Anil G. Shakkarwar, Member (Technical), at the Appellate Tribunal CESTAT Mumbai on 08.05.2023.