2007 (2) TMI 510 - AT - Customs

Summary

Issues involved: Penalty imposed u/s 112(b) of Customs Act and confiscation u/s 111(m) challenged by appellant.

The appellant, a trading company, mistakenly sent goods to the wrong party, leading to penalty and confiscation under Customs Act. The appellant's appeal highlighted various points, including lack of notice, absence of mens rea, and jurisdictional issues. The appellant argued that proper procedures were not followed, and they were unaware of the proceedings initiated against them. The appellant also contended that they had no presence or activity in India related to the alleged offense, which occurred in Singapore. The appellant cited case laws to support their arguments regarding mens rea and penalty imposition under Section 112(a) of the Customs Act.

The Adjudicating Authority imposed a penalty and ordered confiscation of goods, which the appellant strongly contested. The appellant's advocate raised multiple issues, such as lack of proper notice, absence of mens rea, and jurisdictional concerns. The appellant claimed they were not served with the Show Cause Notice or the subsequent addendum, depriving them of a fair opportunity to defend themselves. The appellant also argued that being a corporate entity, they lacked the required guilty mind for penalty imposition under Section 112(a) of the Customs Act. The appellant referenced relevant case laws to support their position on mens rea and penalty imposition.

The Tribunal reviewed the case records and noted discrepancies in the issuance of notices to the appellant. Despite earlier appeals upholding penalties, the present appellant was not party to those decisions. The Tribunal found that the Show Cause Notice did not implicate the appellant initially, and the subsequent addendum was not received by the appellant. Citing legal precedents, the Tribunal emphasized the importance of proper notice and personal hearing under Section 124 of the Customs Act. The Tribunal concluded that the penalty imposed on the appellant under Section 112(b) could not be sustained due to lack of proper service of notices, including the Show Cause Notice and the addendum. Consequently, the appeal was allowed based on these grounds.