2001 (4) TMI 135 - AT - Customs

Tribunal Overturns Commissioner's Order, Emphasizes EPCG Scheme Compliance

The Tribunal allowed the appeal, emphasizing compliance with EPCG scheme regulations for clearance of imported goods. The Commissioner's order was set ... Confiscation, fine and penalty (Customs) Issues:1. Interpretation of EPCG license for clearance of imported goods.2. Discrepancy in the quantity and size of imported machines.3. Application of principles of natural justice in adjudication process.4. Determination of liability for duty, fine, and penalty under Customs Act.5. Assessment of goods for home consumption and application of relevant Customs Act provisions.6. Justification of confiscation, redemption fine, and penalty under Customs Act.7. Compliance with EPCG scheme regulations and clearance of goods.Analysis:1. The case involved the interpretation of an EPCG license for the clearance of imported goods, specifically 24 sets of second-hand 'Picanol brand rapier weaving machines.' The appellant had a license under Notification No. 29/97-Cus., dated 1-4-1997, allowing clearance under the EPCG scheme. However, discrepancies were found in the quantity and size of the imported machines compared to the license specifications.2. Upon examination, it was discovered that the imported machines did not match the details specified in the license. The Commissioner of Customs imposed duty on the excess quantity and machines not covered by the license, along with a redemption fine and penalty under the Customs Act, 1962.3. The Tribunal set aside the Commissioner's order due to a denial of principles of natural justice as the appellant was not given an effective opportunity to represent their case. The matter was remanded for re-consideration, taking into account an amended license that covered all the imported goods.4. The Commissioner, in the subsequent order, found that the goods were not cleared in accordance with the amended license and were liable for confiscation under various sections of the Customs Act. Duty, fine, and penalty were demanded based on the discrepancies identified.5. The appeal challenged the Commissioner's findings, arguing that the goods were pending clearance for home consumption until duty payment, as per Section 47(1) of the Customs Act. The Tribunal disagreed with the Commissioner's interpretation and upheld the benefit of the EPCG license for import duty rates.6. The Tribunal found no merit in the confiscation and redemption fine imposed by the Commissioner, citing precedents and provisions of the Customs Act. The imposition of penalty under Section 112(a) was deemed unnecessary, and the orders of fine, penalty, and duty were set aside.7. Ultimately, the Tribunal set aside the Commissioner's order and allowed the appeal, emphasizing compliance with the EPCG scheme regulations for the clearance of the imported goods.