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Tribunal Allows Re-export of Zinc Ash, Overturns Penalties Citing Lack of Conspiracy and Misapplication of Customs Rules.
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....The case pertains to the alleged misdeclaration of value of zinc ash, a restricted item under the Foreign Trade Policy, requiring an import license. The goods were classified as hazardous waste and subject to re-export u/r 17(2) of the Hazardous Waste Rules, 2008. The authorities imposed a fine u/s 125 of the Customs Act, 1962, in lieu of confiscation u/ss 111(d) and 111(m), and a penalty u/s 112. The Tribunal held that invoking Section 111(m) for enhanced value due to non-compliance with the Customs Valuation Rules was not justified. The misdescription did not warrant Section 111(m) as the goods had not cleared for home consumption, and no conspiracy was established. Re-export was ordered under the Hazardous Waste Rules, not as an alternat.........