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Issues: Application for waiver of pre-deposit of penalty for a Customs House Agent (CHA) who filed shipping bills for export consignments of a company not entitled to DEPB benefits.
Analysis: 1. The issue at hand involves an application for the waiver of pre-deposit of penalty amounting to Rs. 4 lakhs imposed on a Customs House Agent (CHA) for filing shipping bills for export consignments of M/s. Bajaj Auto Ltd., a company not entitled to Duty Entitlement Passbook (DEPB) benefits. The penalty was confirmed by the adjudicating authority, leading to the appeal before the Commissioner of Customs (Appeals). 2. Upon hearing both sides, it was observed that the adjudicating authority had imposed a penalty of Rs. 24 lakhs on M/s. Bajaj Auto Ltd. and Rs. 4 lakhs on the CHA for preparing shipping bills for CKD/SKD kits of scooters, despite M/s. Bajaj Auto Ltd. not being eligible for DEPB benefits for the export consignments. However, the penalty imposed on M/s. Bajaj Auto Ltd. was set aside by the Commissioner (Appeals) on the grounds that claiming benefits they were not entitled to is not a culpable act and the goods were not liable to confiscation under Section 113 of the Customs Act. 3. The impugned order upholding the penalty of Rs. 4 lakhs on the CHA was subsequent to the Commissioner's decision regarding M/s. Bajaj Auto Ltd. Since the exporter was exonerated from penal action, a prima facie case was established for the CHA. Consequently, the pre-deposit of penalty was dispensed with, and the recovery was stayed pending the appeal, considering the circumstances surrounding the case and the exoneration of the exporter from penal action by the Commissioner (Appeals). This detailed analysis of the judgment highlights the key issues, decisions made by the authorities, and the rationale behind the waiver of pre-deposit of penalty for the CHA involved in the case.
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