2005 (10) TMI 320 - AT - Central Excise

Summary

Issues:
Appeal against penalty imposed under Section 112 of Customs Act for alleged involvement in smuggling of edible oil.

Analysis:
The appellant challenged the penalty imposed by the Commissioner of Customs under Section 112 of the Customs Act for alleged involvement in smuggling edible oil. The case revolved around the seizure of edible oil from trucks suspected of smuggling from Nepal. The driver implicated a person named Rajaram and mentioned certain phone numbers linked to the appellant's factory. The penalties were imposed on the basis that the appellant was a partner of Rajaram and thus involved in the smuggling activity.

The appellant contended that they were only a partner in a fertilizer manufacturing unit, and the phone numbers mentioned were used by dealers, with one number coincidentally matching the one on the slip provided by the driver against Rajaram's name. The appellant argued that there was no concrete evidence linking them to the smuggled goods. Both the driver and Rajaram did not implicate the appellant in any way regarding the smuggled oil. The Revenue asserted that since Rajaram provided the appellant's number to the driver for directions, the appellant was liable for the penalty.

The Tribunal noted that the appellant did not dispute the confiscation of the goods but challenged the penalty. It was established that the phone number mentioned in the slip against Rajaram's name belonged to the appellant's factory, and Rajaram was a known dealer of the appellant. The driver and Rajaram did not implicate the appellant in the smuggling. Merely having a phone number mentioned against Rajaram's name did not establish the appellant's liability for penalty under Section 112 of the Customs Act. Consequently, the Tribunal set aside the penalty imposed on the appellant, ruling in favor of the appellant and allowing the appeal.