1988 (8) TMI 300 - AT - Customs

Customs Confiscation Case: Rules Compliance & Admissibility of Evidence

The case involved the confiscation of a refrigerator of Japanese origin valued at Rs. 21,000 by customs authorities. The Assistant Collector ordered ... Seizure - Confiscation Issues:1. Confiscation of refrigerator under Sections 111(d) and 111(o) of the Act2. Imposition of penalties under Section 112 or Section 17 of the Act3. Admissibility of additional evidence before the Collector (Appeals)4. Compliance with Rule 5 of the Customs (Appeals) Rules, 19825. Violation of Transfer of Residence Rules by Shri Amarsingh P. RajputConfiscation and Penalties:The case involved the confiscation of a refrigerator of Japanese origin valued at Rs. 21,000 by customs authorities based on intelligence. The respondents, including Shri Bachubhai V. Bansiwala and Shri Yogeshbhai A. Kapadia, provided statements regarding the ownership and clearance of the refrigerator. The Assistant Collector ordered confiscation of the refrigerator but allowed redemption upon payment of a fine and imposed penalties on the respondents. The Collector (Appeals) later set aside the confiscation and penalties, leading to an appeal by the Collector of Customs (Preventive), Gujarat, Ahmedabad.Admissibility of Additional Evidence:During the appeal, the appellant raised concerns regarding the Collector (Appeals) admitting additional evidence, specifically rent receipts, without following Rule 5 of the Customs (Appeals) Rules, 1982. The appellant argued that proper procedures were not followed, and the admission of evidence was in violation of the rules. The respondents contended that the receipts were produced in response to a direction from the Collector (Appeals) and that the objection raised was not valid. The judgment analyzed Rule 5, emphasizing the requirements for admitting evidence and the need for reasons and opportunities for examination.Compliance with Customs Rules:The judgment delved into the provisions of Rule 5 of the Customs (Appeals) Rules, outlining the grounds for producing evidence before the Collector (Appeals) and the procedures for admission and examination of such evidence. It highlighted the importance of following the rules and providing opportunities for all parties to examine and rebut the evidence presented during the appeal process.Violation of Transfer of Residence Rules:The issue of whether Shri Amarsingh P. Rajput violated the Transfer of Residence Rules was discussed. The Assistant Collector's finding lacked specificity regarding the alleged violation, as it did not conclusively establish whether there was a sale, mortgage, or any other transaction involving the refrigerator. The judgment emphasized the need for clear evidence to support confiscation or penalty decisions, indicating that vague findings could not justify such actions. The lack of concrete evidence led to the rejection of the appeal, as the order of the Collector (Appeals) was deemed legally sound based on the available information.