2004 (7) TMI 166 - AT - Customs

Appellate tribunal overturns container confiscation & penalties under Section 112 due to lack of evidence.

The appellate tribunal allowed the appeal, setting aside the confiscation of the containers and the penalties imposed under Section 112. No orders were ... Adjudication - Natural justice - Misdeclaration - Liability for Issues:1. Confiscation of goods and containers under various sections of the Customs Act, 19622. Imposition of penalties under Section 1123. Appeal against the order of the Joint CommissionerAnalysis:1. The case involved the confiscation of goods (Ammonium Sulphate) and six containers under Sections 111(d), 111(l), 111(m), 111(o), and 115(2) of the Customs Act, 1962. The adjudicating authority held that there was a conspiracy and misdeclaration by the appellants, leading to the confiscation of goods and containers. The Commissioner (Appeals) confirmed the order, which led to the appeal.2. The appellants argued that they were mere carriers who transported the cargo based on advice received from the Load Port. They claimed they had no right or access to the cargo in the containers and should not be held responsible for any misdeclaration. The penalty imposed under Section 112 was challenged based on the argument that the appellants, including the company's Director and Manager, were not knowingly involved in the misdeclaration of goods. The penalty was deemed unjustified as there was no evidence of intentional wrongdoing.3. The appellate tribunal found that the impugned order suffered from a lack of application of mind by the lower authorities. The order was criticized for not addressing the serious violation of natural justice principles. It was noted that the confiscation of the six marine containers under Section 115(2) was incorrect as this section pertains to conveyances or animals used as transport, not containers in the shipping industry. The tribunal also pointed out that there was no proposal for confiscation under Section 115(2) in the Show Cause Notice, indicating an overreach by the adjudicator. The tribunal allowed the appeal, setting aside the confiscation of the containers and the penalties imposed on the appellants.In conclusion, the appellate tribunal allowed the appeal, setting aside the confiscation of the containers and the penalties imposed under Section 112. No orders were issued regarding the liability for the confiscation of Ammonium Sulphate since the appellants did not claim ownership of the goods. The tribunal emphasized the lack of evidence linking the appellants to the intentional misdeclaration, leading to the decision in favor of the appellants.