2007 (5) TMI 419 - AT - Customs

Summary

Issues Involved:
1. Imposition of penalty on the appellants under Section 112(a) of the Customs Act, 1962.
2. Alleged collusion and document tampering by customs officials and representatives of the Customs House Agent (CHA) firm.

Issue-Wise Detailed Analysis:

1. Imposition of Penalty on the Appellants:
The appellants were penalized under Section 112(a) of the Customs Act, 1962, for their involvement in the misdeclaration of the country of origin of imported Compact Fluorescent Lamps (CFL) to evade anti-dumping duties. The Commissioner of Customs imposed a penalty of Rs. 50,000/- each on the appellants, including Shri Amit Choudhary, the Appraising Officer, and Shri H.V. Nanjundappa and Shri Srikanta Datta of the CHA firm.

2. Alleged Collusion and Document Tampering:
The investigation revealed that the importer, M/s. Surya Lights, New Delhi, had imported CFLs from China but declared them as originating from Sri Lanka to benefit from the Indo-Sri Lankan Free Trade Agreement (ISFTA). The customs officers intercepted the container and found discrepancies in the documents. The original invoice from M/s. Red Sea Trading Co., Hong Kong, indicated China as the country of origin. However, this invoice was replaced with a tampered one where the country of origin was obliterated.

Role of Shri Amit Choudhary:
Shri Amit Choudhary was found to have colluded with the importer and CHA representatives in replacing the original documents with tampered ones. The investigation showed that he advised the importer on how to alter the documents to evade anti-dumping duties. His actions included suggesting the use of whitener fluid to erase "China" from the invoice and advising on the preparation of a fabricated invoice from a Sri Lankan company. The statements of the importer and CHA representatives corroborated his involvement.

Role of CHA Representatives:
Shri Srikanta Datta and Shri H.V. Nanjundappa were also found complicit in the document tampering. They were aware of the replacement of the invoice, GATT declaration, and packing list and acted on the directions of the importer and with the knowledge of Shri Amit Choudhary. Their actions were deemed highly unethical and unbecoming of CHA representatives.

Judgment:
The Tribunal upheld the penalty imposed on Shri Amit Choudhary, finding conclusive evidence of his abetment in the evasion of customs duty. The penalty of Rs. 50,000/- was deemed appropriate considering the gravity of the offense.

For the CHA representatives, while their involvement in tampering and replacing documents was established, the Tribunal considered their roles as employees and the lack of evidence of pecuniary gain. Consequently, the penalty on each was reduced from Rs. 50,000/- to Rs. 5,000/-.

Conclusion:
The judgment highlights the serious nature of collusion and document tampering in customs processes. It underscores the responsibility of customs officials and CHA representatives to uphold ethical standards and the legal consequences of failing to do so. The penalties imposed serve as a deterrent against such malpractices.