1985 (8) TMI 174 - AT - Customs

Tribunal rules in favor of appellants, overturns order due to lack of evidence.

ORIENT ENTERPRISES, NEW DELHI Versus COLLECTOR OF CUSTOMS, COCHIN

ORIENT ENTERPRISES, NEW DELHI Versus COLLECTOR OF CUSTOMS, COCHIN - 1986 (23) E.L.T. . 507 (Tribunal) Issues Involved:1. Valuation of imported goods.2. Admissibility and relevance of telex messages as evidence.3. Credibility of statements recorded u/s 108 of the Customs Act, 1962.4. Allegations of under-invoicing and involvement of Shri Gandhi.Summary:Valuation of Imported Goods:Dr. Singhvi, representing the appellants, argued that the imported skimmed milk powder was correctly valued at $356 per MT as per the import documents. He provided evidence of contemporaneous imports at similar prices. The Tribunal noted that the lower authorities failed to conduct necessary investigations at major ports regarding the price of similar goods. The appellants provided credible evidence of contemporaneous imports supporting the declared price.Admissibility and Relevance of Telex Messages:Dr. Singhvi contested the reliance on 38 telex messages by the lower authorities, arguing they were unauthentic and not subjected to cross-examination, violating principles of natural justice. The Tribunal agreed, noting the mysterious origin of these telex messages and the failure of the lower authorities to disclose their source or allow cross-examination. The Tribunal emphasized the need for transparency and fairness in relying on such evidence.Credibility of Statements Recorded u/s 108 of the Customs Act, 1962:Dr. Singhvi argued that statements recorded u/s 108 should be scrutinized carefully as they lack the statutory safeguards of Section 164 of the Criminal Procedure Code. The Tribunal agreed, stating that while such statements are admissible, their credibility must be assessed in conjunction with other evidence. The Tribunal found Shri Gandhi's statement, which was exculpatory and implicated others, to be unreliable.Allegations of Under-Invoicing and Involvement of Shri Gandhi:The Tribunal examined the evidence against Shri Gandhi, including his statements and the alleged telex messages. The Tribunal found the evidence insufficient to prove his involvement in under-invoicing. The Board had previously exonerated Shri Gandhi, and the Tribunal noted that the same evidence could not be used against the appellants. The Tribunal concluded that the Revenue failed to substantiate the allegations of under-invoicing and accordingly allowed the appeal, setting aside the impugned order and granting consequential relief to the appellants.