2007 (5) TMI 471 - AT - Customs

Penalty on Customs officers - Connivance in DEPB fraud - section 155 of CA - protection of action - Held that - in terms of Section 155(2) in order to initiate any proceedings the time limit indicated therein should be adhered to - In the present case it is on record that the proceedings have not been initiated within the time limit. Therefore without going into the merits of the case and also the alleged connivance of the respondents we hold that the Commissioner was legally correct in dropping the proceedings on the grounds of limitation prescribed in Section 155(2) of the Customs Act 1962 - appeal dismissed - decided against Revenue.

Summary

Issues:
Revenue's appeal against dropping of proceedings under Section 114 of the Customs Act by the Commissioner.

Analysis:
The case involved appeals filed by the Revenue against the dropping of proceedings under Section 114 of the Customs Act by the Commissioner. The allegations revolved around a fraud scheme where goods declared as "NAPROXEN" were found to be different upon examination. The officers involved were accused of connivance in the fraud scheme. The Revenue contended that the proceedings should not have been dropped based on various grounds, including the applicability of Section 155 of the Customs Act to adjudication proceedings, the officers' admission of offense, and the actions of the officers not being in good faith.

The Revenue argued that the officers' actions were not in good faith and should render them liable for penalty under Section 114. They also contended that the time limit under Section 155(2) was not applicable to the adjudication proceedings. However, the Tribunal held that the protection under Section 155 of the Customs Act extends to adjudication proceedings as well. The Commissioner was found to be legally correct in dropping the proceedings based on the limitation prescribed in Section 155(2) as the proceedings were not initiated within the specified time limit. Therefore, the Revenue's appeals were rejected based on this ground.

In conclusion, the Tribunal upheld the Commissioner's decision to drop the proceedings against the officers under Section 114 of the Customs Act. The decision was based on the legal correctness of applying the time limit under Section 155(2) to the case, despite the serious allegations of fraud and connivance. The protection provided under the Customs Act was deemed applicable to adjudication proceedings, and the appeals by the Revenue were dismissed on this basis.