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Issues involved: Imposition of personal penalties u/s 114(iii) of the Customs Act, 1962 on appellants for aiding and abetting in fraudulent activities related to export consignments.
The judgment by the Appellate Tribunal CESTAT, Mumbai addressed three appeals challenging the imposition of personal penalties under Section 114(iii) of the Customs Act, 1962. The penalties were imposed on the appellants based on allegations that they aided and abetted M/s. Pawan Impex in filing shipping bills with incorrect information to obtain higher draw back. The Director of Vegha Shipping & Transport Pvt. Ltd. was penalized for failing to fulfill obligations under the CHLR and authorizing another individual to handle export documents, leading to overvaluation of the consignment. Another individual, Shri S.C. Dubey, was penalized for handling export documents and acting as a clearing agent without proper authorization. Additionally, an employee of Shri S.C. Dubey, Shri G.T. Jadhav, was penalized for engaging in activities as a Custom House Agent without valid licenses and aiding in fraudulent activities related to draw back benefits. The Tribunal found that while procedural infractions and violations of CHA regulations were present, there was no evidence to suggest that the appellants were aware of the incorrect information provided by the export firm. Citing a precedent decision, the Tribunal emphasized that mere failure to comply with duties under the law is not sufficient to impose personal penalties unless there is evidence of malicious intent. Therefore, the Tribunal set aside the personal penalties imposed on the appellants, granting them relief based on the benefit of doubt. The judgment was pronounced in court on 30-8-2006 by Ms. Archana Wadhwa, Member (J).
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