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ABB India Limited, a leading player in industrial automation and electrification, has received a formal order from the Office of the Principal Commissioner of Customs, Bangalore, imposing a fine of Rs 30 million and an additional penalty of Rs 27 million. The order, dated July 30, 2024, was officially received by the company on August 21, 2024, and pertains to alleged non-compliance with customs notification conditions and bond obligations under the Customs Act, 1962.
This development stems from a series of show-cause notices issued to ABB India over the past year, culminating in a detailed investigation and adjudication by customs authorities. The company has stated its intention to appeal the order, expressing confidence in a favorable outcome at the appellate level.
Key Highlights from the Regulatory Action
- ABB India fined Rs 30 million and penalized Rs 27 million by Customs
- Action initiated under Sections 28AA and 112(a) of the Customs Act, 1962
- Order relates to six show-cause notices involving import duty exemptions and bond violations
- ABB India plans to challenge the order through formal appeal proceedings
Background and Nature of the Allegations
The customs action centers on ABB India’s import of optical fiber cables and other industrial components during the 2008–2009 period. The company had declared these goods under a specific customs tariff heading and claimed duty exemptions under Notification No. 24/2005-Cus. However, customs authorities later reclassified the goods under a different heading, denying the exemption and alleging short payment of duties.
- Imports were made under three Bills of Entry during 2008–2009
- ABB India claimed exemption under Sl. No. 28 of Notification No. 24/2005-Cus
- Customs reclassified goods under heading 9001 1000, triggering duty recovery
- Short payments identified across all entries, leading to interest and penalty proposals
Legal Proceedings and Tribunal Findings
The matter was heard by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, on August 19, 2024. The tribunal upheld the customs department’s classification and confirmed the demand for differential duty, interest, and penalties. The final order cited procedural lapses and misinterpretation of exemption conditions as grounds for the penalty.
- Tribunal ruled in favor of customs department on classification dispute
- ABB India held liable for short-paid duties and interest under Section 28
- Penalty imposed under Section 112(a) for non-compliance with bond terms
Company Response and Next Steps
ABB India has acknowledged receipt of the order and disclosed the development to stock exchanges under Regulation 30 of SEBI’s Listing Obligations and Disclosure Requirements. The company maintains that its original classification was in good faith and based on prevailing industry norms. It has initiated steps to file an appeal and is preparing supporting documentation for the appellate authority.
- Disclosure made to NSE and BSE on August 30, 2024
- ABB India to file appeal against customs order
- Company remains hopeful of reversal at appellate level
Implications for Stakeholders
While the financial impact of the Rs 57 million penalty is manageable for ABB India, the case highlights the importance of strict compliance with customs regulations and accurate classification of imported goods. Investors and industry peers will be watching the appellate proceedings closely, as the outcome could set a precedent for similar disputes.
Sources: Indian Kanoon, ABB Group Regulatory Filings, MarketScreener.
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