2007 (9) TMI 30 - AT - Customs

Demand and penalty - Alleged that appellant made mis-declaration of quantity and value of the impugned goods and accordingly demand were made along with penalty - Held that allegation not sustained and allowed appeal with consequential relief

Summary

Issues: Confirmation of demand of duty on imported dyes, mis-declaration of quantity and value, personal penalty under Section 112(a) of the Act.

Confirmation of Demand of Duty: The appellant contested being the actual importer, claiming to have lent his name to another firm. The Revenue argued that filing the bill of entry made the appellant the importer, rejecting the canalizing agency argument. The Tribunal agreed with the Revenue, stating that liability falls on the bill filer. The challenge was decided on merits.

Mis-Declaration of Quantity: The Adjudicating Authority raised the quantity from 10MT to 12MT based on bank documents. The appellant argued that the bank account was in another person's name, not the actual owner. The Tribunal agreed, stating reliance on these documents was unjustified, especially as they were not conclusively linked to the imported consignment.

Mis-Declaration of Value: The Commissioner suspected misdeclaration but lacked evidence for the correct CIF value. The Tribunal criticized the method used to determine value, rejecting the enhancement based on a statement by an unrelated individual. The Tribunal found the evidence insufficient to support the Commissioner's findings, leading to the duty demand being set aside along with the penalty.

The Tribunal found the misdeclaration of quantity and value not proven conclusively, leading to the duty demand and penalty being set aside. The decision highlighted the importance of concrete evidence in determining CIF value and rejected reliance on unrelated statements for value enhancement. The judgment emphasized the significance of the bill filer's liability in import matters, dismissing the appellant's claim of not being the actual importer.