1998 (9) TMI 217 - AT - Customs

Importers granted stay on refund recovery & penalty, Tribunal finds lack of evidence for wilful misstatement

The Tribunal found in favor of the importers, granting a stay on the refund recovery and waiving the penalty. It determined that the importers had not ... Stay/Dispensation of pre-deposit Issues:Import of Crude Palm Stearine oil, Short landing claim, Show cause notice, Allegations of wilful mis-statement, Procedure compliance, Ullage reports discrepancy, Alleged suppression of first ullage, Refund claim basis, Penalty imposition, Prima facie case determination.Import of Crude Palm Stearine oil:The applicant imported the oil in 4 tanks on board a vessel, along with another importer. Discrepancies in the quantity of oil were noted during discharge, leading to a short landing claim by the applicant.Short landing claim and Show cause notice:The applicant claimed a refund due to the alleged short landing of oil. A show cause notice was issued, alleging wilful mis-statement and suppression of facts regarding the ullage reports.Allegations and Procedure compliance:The Commissioner observed non-compliance with the procedure laid down in a Public Notice. The importers were accused of suppressing the first ullage report, leading to discrepancies in the refund claim process.Ullage reports discrepancy and Refund claim basis:The second ullage report showed discrepancies in the quantity of oil in different tanks compared to the first report. The basis for the refund claim was questioned due to these discrepancies.Penalty imposition:The Commissioner confirmed the demand for the refund and imposed a penalty on the importers under Section 114(a) of the Customs Act, 1962, for alleged wilful mis-statement.Prima facie case determination:After analyzing arguments and documents, the Tribunal found that the importers had not suppressed the first ullage report. The discrepancies in the ullage reports and the lack of evidence supporting allegations led the Tribunal to grant a stay on recovery of the refund and waiver of the penalty for the importers.This detailed analysis highlights the issues surrounding the import of oil, discrepancies in ullage reports, compliance with procedures, allegations of mis-statement, and the Tribunal's decision based on the prima facie case presented by the importers.