H B FIBRES LTD Vs. CEGAT

JUDGEMENT

(1.) The assessee has filed this reference under Section 130A of the Customs Act, 1962 (for short the Act) seeking a direction to the Customs Excise & Gold (Control) Appellate Tribunal, New Delhi (for short the Tribunal) to prepare a statement of the case and refer the following questions of law arising out of its order dated 30-4-2002 for the opinion of this Court.

(2.) The assessee had imported Acrylic Fibre which had been described in the documents as Wool Waste. The authorities, therefore, levied excise duty on this transaction and also imposed penalty. Commissioner also levied redemption fine and interest on account of delayed payment. Assessee preferred an appeal before the Tribunal against these levies. However, at the time of hearing of appeal, it confined its challenge to the levy of redemption fine and interest only. Tribunal allowed the appeal qua levy of interest. However, it did not accept the plea of the assessee that it had acted in a bona fide manner and therefore, was not liable for redemption fine. While rejecting this contention, the Tribunal observed as under :

(3.) A perusal of the above clearly shows that Tribunal on an appraisal of material on record has arrived at a finding of fact that the assessee had misdeclared the description as well as the value of goods and therefore, could not be said to have acted in a bona fid manner. This is a pure finding of fact and does not give rise to any substantial question of law for consideration of this court.