TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Revokes Fines for Misdeclared Goods, Calls for Judicious Penalties and Duty Exemption Verification.</h1> <h3>Tradex Shipping Company Pvt. Ltd. Versus Commissioner of customs, Chennai</h3> Tradex Shipping Company Pvt. Ltd. Versus Commissioner of customs, Chennai - TMI Issues:- Valuation of goods for customs purposes- Confiscation of goods and imposition of penalties- Applicability of exemption notification- Discretionary imposition of penaltiesValuation of goods for customs purposes:The appellant filed a Courier Bill of Entry declaring goods as 'Impeller wheel, bearings etc. - ship spares' valued at EURO 700, but the actual invoice showed EURO 5807.70. The customs authorities initiated adjudication proceedings due to the discrepancy. The appellant explained the situation, stating the low value was based on information from the principal. The original authority confiscated the goods under Sec. 111 [m] of the Customs Act, enhancing its value and imposing penalties. The appellant argued the misdeclaration was unintentional, and the goods were exempt from duty under Notification No. 12/2012.Confiscation of goods and imposition of penalties:The appellant's appeal against the confiscation and penalties was rejected by the 1st Appellate Authority. The appellant contended that the penalties were unjustified as the import was for emergency repairs of an Indian-registered vessel, exempt from duty. The Revenue representative argued that the vessel's foreign flag made it ineligible for duty exemption, justifying the confiscation and penalties. The Tribunal noted that while there was a technical breach, there was no intent to evade duty or fraudulent activity.Applicability of exemption notification:The Tribunal considered the provisions of Notification No. 12/2012, which exempted ship spares from duty under certain conditions. The appellant argued that the goods qualified for exemption as the vessel was registered in India during the contract period, as per tender conditions. The Tribunal found that the penalties imposed were not commensurate with the technical breach, especially considering the goods' exemption eligibility.Discretionary imposition of penalties:Referring to the Hindustan Steel Ltd. case, the Tribunal highlighted that penalties should not be imposed merely because it is lawful to do so. It emphasized that penalties should be imposed judiciously, considering all relevant circumstances. The Tribunal, after considering the facts and circumstances, decided to set aside the fines and penalties imposed by the impugned order, aligning with the principles laid down by the Hon'ble Supreme Court.In conclusion, the Tribunal modified the impugned order, setting aside the fines and penalties imposed. It directed verification of the goods' eligibility for duty exemption and granted the appellant consequential relief as per the law. The appeal was disposed of accordingly.
TaxTMI 
TaxTMI 
