1988 (10) TMI 232 - AT - Customs

Tribunal reduces fines & penalties in Customs Act case, citing financial burden & lack of evidence

The Tribunal upheld the confiscation of unauthorized goods and imposed penalties under Section 112 of the Customs Act, 1962. However, it reduced fines and ... Confiscation - Non-filing of import manifest Issues Involved1. Misdeclaration of imported goods.2. Unauthorized import without a valid import license.3. Non-filing of bill of entry.4. Liability for penalty under Section 112 of the Customs Act, 1962.5. Confiscation of goods under Sections 111(d), 111(f), and 111(m) of the Customs Act, 1962.6. Camouflaging of unauthorized goods.7. Applicability of Section 118 of the Customs Act, 1962.8. Redemption fine and personal penalty.Detailed Analysis1. Misdeclaration of Imported GoodsThe appellants were found to have imported goods different from those declared. Specifically, containers declared to contain wool waste and viscose staple fiber were found to contain polyester fiber. The chemical examination confirmed this discrepancy. The adjudicating authority noted that the declaration in the import manifest was incorrect, leading to the conclusion that the goods were liable to confiscation under Section 111(m) of the Customs Act, 1962.2. Unauthorized Import Without a Valid Import LicenseThe import of polyester fiber was prohibited without a valid import license under Rule 3 of the ITC Order of 1955, read with Section 11 of the Customs Act, 1962. The adjudicating authority found that the appellants did not possess the necessary import license for polyester fiber, rendering the import unauthorized and liable to confiscation under Section 111(d) of the Customs Act, 1962.3. Non-Filing of Bill of EntryThe appellants did not file a bill of entry for the imported goods, which is a requirement under Section 46 of the Customs Act, 1962. This omission was considered a violation of the Customs Act, further supporting the confiscation of the goods under Section 111(f).4. Liability for Penalty Under Section 112 of the Customs Act, 1962The adjudicating authority imposed penalties on the appellants under Section 112 of the Customs Act, 1962, for acts or omissions that rendered the goods liable to confiscation. The appellants argued that they were unaware of the misdeclaration and had been cheated by the suppliers. However, the authority found that the appellants did not take sufficient action against the suppliers, indicating a lack of bona fides.5. Confiscation of Goods Under Sections 111(d), 111(f), and 111(m) of the Customs Act, 1962The adjudicating authority ordered the confiscation of the polyester fiber under Sections 111(d) and 111(f) of the Customs Act, 1962. The goods were found to be imported without a valid license and were not mentioned in the import manifest. The charge under Section 111(m) was dropped as no bill of entry was filed, and thus no misdeclaration in the bill of entry occurred.6. Camouflaging of Unauthorized GoodsThe revenue authorities alleged that the wool waste and viscose staple fiber were used to camouflage the unauthorized import of polyester fiber. However, the adjudicating authority found no evidence in the panchnama or other corroborative evidence to support this allegation. The containers were not destuffed in the presence of the importers, making it difficult to conclude that camouflaging had occurred.7. Applicability of Section 118 of the Customs Act, 1962The adjudicating authority initially considered the applicability of Section 118, which pertains to the confiscation of goods used to conceal other goods. However, due to the lack of evidence supporting the camouflaging allegation, this section was deemed inapplicable.8. Redemption Fine and Personal PenaltyThe adjudicating authority imposed a redemption fine and personal penalties on the appellants. The appellants argued that the fines and penalties were excessive, considering the lack of evidence of their involvement in the misdeclaration and the financial burden they had already incurred. The Tribunal considered the prolonged detention of the goods and the incurred demurrage, leading to a reduction in the fines and penalties. Specifically, the penalty for M/s. Sriyansh Woollen Mills Pvt. Ltd. was reduced from Rs. 4,00,000/- to Rs. 1,00,000/-, and the fine in lieu of confiscation from Rs. 3,50,000/- to Rs. 87,500/-. Similarly, for M/s. Khazan Industries Pvt. Ltd., the penalty was reduced from Rs. 3,50,000/- to Rs. 87,500/-, and the fine in lieu of confiscation from Rs. 1,10,000/- to Rs. 27,500/-.ConclusionThe Tribunal upheld the confiscation of the unauthorized goods and the imposition of penalties under Section 112 of the Customs Act, 1962, but reduced the fines and penalties considering the financial burden on the appellants and the lack of direct evidence of their involvement in the misdeclaration. The appeals were otherwise rejected except for the modifications in the fines and penalties.