2002 (11) TMI 459 - AT - Customs

Summary

Issues:
Challenge against imposition of penalties under Order-in-Original Nos. 10/98 & 61/98 dated 26-2-98 for importing old and used cloths under the Customs Act.

Analysis:

Issue 1: Imposition of Penalties
The appellant challenged the penalties imposed under Order-in-Original Nos. 10/98 & 61/98 for importing old and used cloths. The appellant's advocate argued that the appellant, acting as the President of a trust, signed blank letterheads to propagate charitable work without knowledge of fraudulent activities. It was contended that the trust was unaware of the import of cloths and the appellant was not involved in the process. Reference was made to a previous case where no penalty was imposed due to lack of awareness. The Commissioner found that the appellant's actions facilitated the misuse of benefits meant for charitable trusts, rendering the goods liable for confiscation under Section 111 of the Customs Act. The Tribunal agreed with the Commissioner's findings but reduced the penalties to Rs. 10,000/- and Rs. 20,000/- respectively in the interest of justice.

Issue 2: Role of the Appellant
The appellant, as the President of the trust, signed blank letterheads and provided necessary documents without being aware of the fraudulent activities related to importing old and used cloths. The appellant's actions were considered to have facilitated the misuse of benefits meant for charitable trusts under the Customs Act. The Commissioner held the appellant responsible for rendering the goods liable for confiscation under Section 111. Despite the appellant's claim of lack of involvement in the import process, the Tribunal found that the appellant's actions contributed to the violation of customs regulations, justifying the imposition of penalties under Section 112 of the Customs Act.

Issue 3: Reduction of Penalties
While upholding the imposition of penalties on the appellant for facilitating the misuse of benefits meant for charitable trusts, the Tribunal exercised discretion in reducing the penalties imposed under Order-in-Original Nos. 10/98 & 61/98. Considering the facts and circumstances of the case, the Tribunal reduced the penalties to Rs. 10,000/- and Rs. 20,000/- respectively. This reduction was deemed appropriate to balance the interests of justice while acknowledging the appellant's role in the violation of customs regulations.

In conclusion, the Tribunal partially allowed both appeals, affirming the imposition of penalties on the appellant for facilitating the misuse of benefits meant for charitable trusts under the Customs Act while reducing the penalties to Rs. 10,000/- and Rs. 20,000/- respectively.