2006 (11) TMI 401 - AT - Customs

Summary

Issues Involved:
Waiver of pre-deposit of penalty under Section 114(i) of the Customs Act, 1962 for abetting smuggling of foreign currency.

Detailed Analysis:

1. Application for Waiver of Pre-deposit of Penalty:
The judgment revolves around the applications for waiver of pre-deposit of penalty of Rs. 50,000 each imposed on the appellants under Section 114(i) of the Customs Act, 1962 for their alleged involvement in abetting smuggling of foreign currency out of India. The appellants, who are Full-fledged Money Changers, were found to have issued travellers cheques (TCs) recovered from an individual intercepted at Sahar Airport. The Commissioner's findings on the imposition of penalties on the appellants are detailed in the impugned order.

2. Findings on Imposition of Penalties:
The Commissioner found that in the case of M/s. Rose Travels, out of the four persons in whose names TCs were issued and found on the intercepted individual, two could not be traced, one had expired, and the fourth denied purchasing any TCs. On the other hand, in the case of Wall Street Finance Ltd., discrepancies were noted in the signature of an individual to whom TCs were purportedly issued. The Commissioner accepted the individual's statement that he had not purchased any TCs from Wall Street Finance Ltd. due to the signature mismatch.

3. Prima Facie Assessment:
Upon reviewing the records, the Tribunal found that the appellants had a prima facie case for waiver of pre-deposit of penalty. It was observed that in the case of Rose Travels, the signatures on the TCs issued matched those in the passports of the passengers, indicating due verification. However, in the case of Wall Street Finance Ltd., no comparison was made between the signature on the cash memo and the individual's passport. The Tribunal noted that a mere difference in signatures was insufficient to conclude that Wall Street Finance Ltd. did not verify the identity of the TCs recipients against their passports.

4. Decision and Order:
In light of the above analysis, the Tribunal granted the waiver of pre-deposit of penalty to both appellants and stayed the recovery pending the appeals. This decision was based on the prima facie assessment of the appellants' submissions and the discrepancies highlighted in the Commissioner's findings.

This detailed analysis of the judgment highlights the key issues of waiver of pre-deposit of penalty under the Customs Act, 1962 and provides a comprehensive understanding of the Tribunal's decision based on the facts and legal considerations presented in the case.