2002 (12) TMI 288 - AT - Customs

Summary

Issues involved:
Whether Penalty under Section 112(a) of the Customs Act is imposable on the Appellants.

Detailed Analysis:

1. Background and Arguments by Appellant's Counsel:
The Appellants, exporters of raw silk garments, were granted an Advance Licence permitting duty-free import of raw silk. A show cause notice alleged manipulation in export promotion copies of shipping bills. The Commissioner imposed penalties and held the goods liable to confiscation under Section 111(o) of the Customs Act. The duty amount calculation and applicability of Section 111(o) were contested by the Appellant's counsel.

2. Arguments by Appellant's Counsel:
The duty amount should be calculated only for the alleged manipulated quantity, and Section 111(o) is inapplicable as no conditions were violated. The counsel argued against the imposition of penalties, citing a case precedent where penalty imposition was linked to sustaining the demand.

3. Arguments by Respondent's Counsel:
The Respondent argued that the Appellants manipulated shipping bills to gain higher duty-free benefits, rendering the goods liable for confiscation under Section 111(o). They emphasized the deliberate nature of the offense and cited relevant case law to support penalty imposition.

4. Tribunal's Decision:
The Tribunal found that the Appellants manipulated shipping bills to obtain duty-free benefits, violating conditions under the Advance Licence. As a result, the goods were liable for confiscation under Section 111(o). The Tribunal rejected the Appellant's argument against penalty imposition, stating a direct nexus between their actions and the benefit availed. Penalties were imposed on all Appellants under Section 112(a) of the Customs Act.

5. Penalty Reduction and Final Decision:
The Tribunal reduced penalties based on the duty amount involved, concluding that penalties of Rs. 5 lakhs, Rs. 1 lakh, and Rs. 50,000 were to be imposed on M/s. Exotic Fashions, Shri Javed Alam, and Shri Ahtasham Alam, respectively. All appeals were disposed of accordingly.

This detailed analysis covers the background, arguments, tribunal's decision, and final penalty imposition in the legal judgment regarding the imposition of penalties under Section 112(a) of the Customs Act.