2004 (9) TMI 229 - AT - Customs

Tribunal ruling on misdeclaration in Bill of Entry, setting aside confiscation under Section 119, upholding Section 111, and more.

TOWER STEELS (I) LTD. Versus COMMISSIONER OF CUSTOMS, MADURAI

The tribunal upheld the misdeclaration of goods in the Bill of Entry, leading to the classification ordered by the Commissioner. Confiscation under ... Confiscation of goods - Import - Confiscation, fine and penalty - Valuation (Customs) Issues Involved:1. Misdeclaration and classification of imported goods.2. Confiscation of goods under Section 119 and Section 111 of the Customs Act, 1962.3. Denial of concessional rate of duty under Notification No. 16/2000-Cus.4. Valuation of goods for duty assessment.5. Quantum of redemption fine and penalty.Detailed Analysis:1. Misdeclaration and Classification of Imported Goods:The appellants imported a consignment declared as 'Light Melting Scrap - Misprint sheets, sheet cutting scrap.' Upon examination, the Directorate of Revenue Intelligence found discrepancies in the description of the goods. The goods were classified under sub-heading 7204.49 and claimed for concessional duty under Notification No. 16/2000-Cus. However, the detailed examination revealed that only 49.201 M.Ts. could be classified as Light Melting Scrap, while the rest were classified under different headings (7212.30, 7210.11, etc.). The tribunal upheld the classification ordered by the Commissioner, stating that the goods were misdeclared in the Bill of Entry.2. Confiscation of Goods under Section 119 and Section 111 of the Customs Act, 1962:The Commissioner ordered the confiscation of 49.201 M.Ts. of Light Melting Scrap under Section 119, alleging it was used to conceal other materials. The tribunal found no categorical evidence of physical concealment, as required by Section 119, and thus set aside the confiscation and the related redemption fine. However, the confiscation of the remaining goods under Section 111 was upheld due to the misdeclaration.3. Denial of Concessional Rate of Duty under Notification No. 16/2000-Cus:The Commissioner denied the concessional rate of duty for 49.201 M.Ts. of Light Melting Scrap due to the lack of an End-Use Certificate. The tribunal found that the actual use of the scrap for melting was not rebutted and thus held that the benefit of the Notification should be allowed for this quantity.4. Valuation of Goods for Duty Assessment:The Commissioner rejected the invoice value and used EDI data to determine the assessable value under Rule 8 of the Customs Valuation Rules, 1988. The tribunal found this approach flawed, as the EDI data involved different descriptions, quantities, and countries of origin. The tribunal set aside the EDI-based valuation and accepted the invoice value as the correct transaction value.5. Quantum of Redemption Fine and Penalty:The tribunal found the quantum of redemption fine and penalty imposed by the Commissioner to be excessive. The fine was reduced to Rs. 2.5 lakhs, and the penalty under Section 112(a) was reduced to Rs. 50,000. The tribunal directed the Commissioner to re-quantify the duty demand based on the invoice value and the correct classification.Conclusion:The appeal resulted in setting aside the confiscation under Section 119, the denial of concessional duty for 49.201 M.Ts. of scrap, and the EDI-based valuation. The tribunal upheld the classification of the remaining goods and the confiscation under Section 111 but reduced the redemption fine and penalty. The Commissioner was directed to re-quantify the duty demand in line with the tribunal's findings.