2000 (9) TMI 110 - AT - Central Excise

Tribunal Upholds Customs Order on Zinc Ingots; Confiscation, Fines Imposed

The judgment addressed petitions seeking a stay on the order passed by the Commissioner of Customs regarding misdeclaration and undervaluation of imported ... Stay/Dispensation of pre-deposit Issues Involved:1. Stay of operation of the order passed by the Commissioner of Customs, Inland Container Depot, Tughlakabad, New Delhi.2. Misdeclaration and undervaluation of imported goods.3. Confiscation of goods and imposition of fines, duties, and penalties.4. Justification for waiving penalties on involved parties.5. Direction to deposit a percentage of penalty amounts within a specified timeframe.Analysis:Issue 1: Stay of operation of the orderThe judgment addresses seven petitions seeking a stay on the order passed by the Commissioner of Customs. The Appellate Tribunal CEGAT, Court No. I, New Delhi, heard arguments from both the appellants' counsel and the Departmental Representative. The appeals arose from the import of zinc slabs described as 'scull' of Netherland origin but found to be Zinc Ingots of Russian origin. The Customs authorities assessed the consignment at an enhanced value, leading to confiscation of goods due to misdeclaration and undervaluation.Issue 2: Misdeclaration and undervaluationThe imported goods were initially declared as zinc waste and scrap at a lower value, but upon analysis, they were identified as Zinc Ingots of higher purity and Russian origin. The misdeclaration and undervaluation of the goods led to the confiscation of 269.790 MTs of Zinc Ingots, with an option for redemption upon payment of a significant fine. The duty was assessed based on the revised value of the goods, and penalties were imposed on various individuals involved in the import process.Issue 3: Confiscation, fines, duties, and penaltiesThe adjudicating authority determined the value of the goods, the duty liability, and imposed penalties as per the Customs Act provisions. The fines and penalties were imposed on the importing firm's owner, officers, and other individuals involved in the import process. The judgment highlighted the duty and interest demanded but noted that the goods were still under customs control, leading to a decision not to direct the appellants to deposit the demanded amounts.Issue 4: Waiving penalties on involved partiesThe judgment discussed the penalties imposed on officers, the company owner, and other participants in the import. While arguments were made to waive penalties based on certain individuals' roles as servants or their level of involvement, the Tribunal found no justifiable reason to completely waive the penalties. The active participation in misdeclaration and undervaluation to evade duty payment led to a directive for the appellants to deposit a percentage of the penalty amounts within a specified timeframe.In conclusion, the judgment provided a detailed analysis of the issues related to misdeclaration, undervaluation, confiscation, fines, duties, and penalties concerning the import of Zinc Ingots. It emphasized the need for accountability and partial deposit of penalties by the involved parties despite arguments for penalty waivers based on roles and levels of involvement.