1999 (8) TMI 388 - AT - Customs

Confiscation of Excess Goods Deemed Unlawful, Tribunal Grants Relief to Exporters

The Tribunal held that the confiscation of excess goods under Section 113(d) was without the authority of law as the exporters had sufficient balance in ... Confiscation of goods and penalty Issues:1. Confiscation of excess goods under Section 113(d) for not being covered under export quota.2. Validity of show cause notice and invocation of correct legal provisions.3. Applicability of previous judgments on confiscation and penalty.4. Consideration of sufficient export quota balance for excess goods.Confiscation of Excess Goods under Section 113(d):The case involved the confiscation of excess goods not covered under the export quota under Section 113(d). The exporters argued that they had sufficient balance in the export quota to cover the excess. The Collector, however, did not consider this argument and confiscated the goods under Section 113(h) and 113(i). The Tribunal emphasized the importance of the show cause notice in allowing the noticee to defend against the charges. It held that if the notice does not call upon the assessees to defend their actions, they cannot be punished for contravening those provisions. Therefore, the confiscation was held as without the authority of law and was set aside.Validity of Show Cause Notice and Invocation of Correct Legal Provisions:The issue of the validity of the show cause notice and the correct invocation of legal provisions was raised. The Tribunal referred to previous judgments emphasizing the importance of the show cause notice in alerting the noticee to defend against the charges. It held that if a show cause notice does not invoke a particular provision of law, that provision cannot be used by the adjudicating authority when adjudging the confiscation. In this case, the show cause notice did not specify the sub-section of Section 114 for penalty, but the action of the exporters was deemed to sustain based on previous judgments.Applicability of Previous Judgments on Confiscation and Penalty:The Tribunal considered previous judgments to determine the applicability of legal provisions in the present case. It highlighted that the requirement of the show cause notice is to put the noticee on alert to defend their actions. The Tribunal cited judgments to support the argument that if the show cause notice does not invoke a specific provision, the adjudication based on that provision is without the authority of law. Therefore, the confiscation was set aside, and the action of the exporters was deemed to sustain regarding penalty.Consideration of Sufficient Export Quota Balance for Excess Goods:The Tribunal noted that the exporters had sufficient margin in their export quota to accommodate the excess goods. It was emphasized that if the Collector had agreed to their request to debit the excess against their quota, the confiscation orders would not have been necessary. Since the confiscation was held to be without the authority of law, the penalty orders were also deemed unsustainable. Consequently, the appeal succeeded, and consequential relief was granted to the appellants.