2004 (7) TMI 148 - AT - Customs

Tribunal upholds goods confiscation under Customs Act; penalties voided for license discrepancies

CARRARA MARBLE & GRANITE INDS. Versus COMMISSIONER OF CUSTOMS, KANDLA

CARRARA MARBLE & GRANITE INDS. Versus COMMISSIONER OF CUSTOMS, KANDLA - 2004 (172) E.L.T. 482 (Tri. - Mumbai) Issues:1. Interpretation of advance licence for import of marble slabs.2. Confiscation of goods under Section 111(d) of the Customs Act.3. Imposition of penalties under Section 112 in lieu of confiscation.4. Application of the principle of estoppel in the case.Analysis:1. The case involved the interpretation of an advance licence for the import of marble slabs. The appellants imported consignments of marble slabs declared as 'rough random slabs of marbles' under notification 203/92. The examination report revealed that the imported marble slabs were not raw or rough as specified in the licence. The Commissioner held that the goods did not match the description in the licence, leading to confiscation under Section 111(d) of the Customs Act. The dispute centered on whether the imported goods fell within the scope of the advance licence.2. The learned Advocate contested the confiscation and penalties imposed, arguing that the goods were unpolished and not cut to size, thus qualifying as raw and rough as per the licence. Referring to relevant definitions, the Advocate claimed that the penalties imposed were unwarranted. However, the JDR argued that the goods did not meet the specified description in the licence, justifying the confiscation and penalties for misdescription. The Tribunal carefully considered these arguments to determine the accuracy of the goods' description and the validity of the penalties imposed.3. The Tribunal found that the imported goods did not align with the description in the advance licence, leading to the rightful confiscation of the goods. However, regarding the imposition of penalties in lieu of confiscation, the Tribunal cited the case law of Universal Steel Agencies v. CC, Kandla, emphasizing that penalties cannot be imposed when goods do not match the licence description. Consequently, the penalties were set aside, while the confiscation was upheld based on the discrepancy between the imported goods and the licence description.4. In applying the principle of estoppel, the Tribunal highlighted that the importer had the opportunity to contest the examination report during the goods' inspection but failed to do so. By accepting the goods and putting them to use without protest, the importer could not later dispute the report's findings. The Tribunal emphasized that the importer's actions precluded challenging the examination report post-clearance. This principle guided the Tribunal's decision to uphold the confiscation while overturning the penalties imposed, ultimately partially allowing the appeal.