2004 (10) TMI 502 - AT - Customs

Summary

Issues:
1. Imposition of penalty on a clerk in a Customs House Agent (CHA) firm for advising a non-resident Indian (NRI) to claim an imported vehicle.
2. Comparison of penalties imposed on clerks of CHA firm for similar actions.
3. Tribunal's decision on setting aside penalties imposed by the Commissioner of Customs, Mumbai.

Issue 1: Imposition of penalty on a clerk in a Customs House Agent (CHA) firm for advising a non-resident Indian (NRI) to claim an imported vehicle:
The case involved the imposition of a penalty of Rs. 2 lakhs on a clerk in a CHA firm for advising an NRI to claim a Toyota Land Cruiser imported in the NRI's name. The NRI, who was a storekeeper in Dubai, was not in a position to import the vehicle, but the clerk advised him to do so. The Commissioner of Customs imposed the penalty based on the clerk's involvement in the customs documentation process. However, the Tribunal found the penalty imposition frivolous and set it aside, citing that the clerk's actions did not warrant such a severe penalty.

Issue 2: Comparison of penalties imposed on clerks of CHA firm for similar actions:
The Tribunal compared the penalties imposed on different clerks of the CHA firm for similar actions related to advising the NRI to claim the imported vehicle. While one clerk had a penalty imposed and subsequently set aside by the Tribunal in a previous order, the present appellant, another clerk, faced a similar penalty of Rs. 2 lakhs. The Tribunal noted the inconsistency in penalties imposed on the clerks and found the Commissioner's reasoning for the penalty on the appellant to be unfounded and set it aside based on the previous order's reasons.

Issue 3: Tribunal's decision on setting aside penalties imposed by the Commissioner of Customs, Mumbai:
Ultimately, the Tribunal set aside the penalty imposed by the Commissioner of Customs on the appellant clerk in the CHA firm. The Tribunal found the Commissioner's reasoning for the penalty to be frivolous and inconsistent with the previous decision regarding a similar penalty on another clerk. Consequently, the Tribunal allowed the appeal, overturning the Commissioner's order and relieving the appellant clerk of the imposed penalty.

In conclusion, the judgment by the Appellate Tribunal CESTAT, Mumbai involved the setting aside of a penalty imposed on a clerk in a CHA firm for advising an NRI to claim an imported vehicle. The Tribunal found the penalty imposition to be unwarranted and frivolous, especially considering the inconsistency in penalties imposed on different clerks for similar actions. The decision highlighted the need for a fair and consistent approach in imposing penalties in such cases, ultimately allowing the appeal and relieving the appellant clerk of the penalty.