2001 (10) TMI 332 - AT - Customs

Tribunal Allows Amendment, Upholds Confiscation, Reduces Fine

MANSAROVAR PEARLS Versus COMMISSIONER OF CUSTOMS, MUMBAI

MANSAROVAR PEARLS Versus COMMISSIONER OF CUSTOMS, MUMBAI - 2001 (134) E.L.T. 59 (Tri. - Del.) Issues:1. Amendment of relief sought in appeal2. Discrepancy in imported goods and valuation3. Application of Customs Valuation Rules4. Allegation of bias against Trade Panel ExpertsAmendment of relief sought in appeal:The Appellants sought to amend the relief in the appeal, including canceling the orders of the Adjudicating Authority and Appellate Commissioner, releasing the goods at the declared value, and relief for demurrage. The Tribunal allowed the amendment in terms of canceling orders and amending grounds of appeal, but relief for demurrage was deemed outside the Tribunal's purview.Discrepancy in imported goods and valuation:The Appellants ordered 50 Kgs of fresh water unworked pearls but received a consignment of 260.7 Kgs, including worked pearls and Ganesh idols. The Department contended that the transaction value could not be accepted as it did not represent the value of all three items imported. The Tribunal noted the lack of supporting documents for the additional items and upheld the Adjudicating Authority's findings regarding the lack of evidence for the Appellant's claims.Application of Customs Valuation Rules:The Tribunal analyzed the application of Customs Valuation Rules, specifically Rule 2(c) defining identical goods. As the goods lacked detailed descriptions like colour, clarity, and carat, they were not considered identical or similar. The Tribunal upheld the sequential determination of value by the Adjudicating Authority under Customs Valuation Rules and found no infirmity in adopting the value as per the opinion of the Trade Panel Experts.Allegation of bias against Trade Panel Experts:The Appellants alleged bias against the Trade Panel Experts, but the Tribunal found no supporting evidence for the claim. The Trade Panel's opinion on the value of the goods was considered valid, and the Tribunal upheld the confiscation of the impugned goods. However, the redemption fine was reduced, and the penalty imposed on the Appellants was upheld.The judgment addressed the issues of amendment of relief sought in the appeal, discrepancy in imported goods and valuation, application of Customs Valuation Rules, and the allegation of bias against Trade Panel Experts comprehensively, providing detailed analysis and legal reasoning for each aspect of the case.