2008 (5) TMI 490 - AT - Customs

Summary

Issues:
1. Rejection of drawback claims made in shipping bills by exporters.
2. Allegations of facilitating fraud by a Customs House Agent (CHA).
3. Imposition of penalties on exporters and CHA under Sections 114(i) and 114(iii) of the Customs Act, 1962.

Issue 1: Rejection of Drawback Claims:
The Commissioner (Customs) rejected drawback claims in shipping bills, finding them falsely made without exporting the goods covered. Goods entered CFS Concor after 31-12-1998, contrary to claims. Bills of lading indicated loading on 31-12-98. Penalties imposed on exporters for false claims.

Analysis: The Tribunal reviewed records, examiners' reports, and submissions. Let export orders and bills of lading were dated before 1-1-99, indicating export before that date. Officers confirmed this during cross-examination. Bank realization for export proceeds was received, indicating no manipulation of shipping documents. Tribunal concluded that goods were not exported beyond 31-12-98 as alleged. Penalties on exporters were set aside, and appeals allowed.

Issue 2: Allegations Against CHA:
The CHA, Shri T. Ramesh, faced penalties for allegedly facilitating fraud by assisting in documentation for the impugned shipping bills knowingly. Penalties were imposed under Sections 114(i) and 114(iii) of the Customs Act, 1962.

Analysis: The Commissioner penalized Shri T. Ramesh for assisting in documentation related to false shipping bills. However, the Tribunal found that the CHA did not render any goods liable for confiscation, thus not incurring penalties under Section 114 of the Act. Consequently, the penalties imposed on Shri T. Ramesh were set aside, and the appeals were allowed.

In conclusion, the Appellate Tribunal CESTAT, Chennai, in the cited judgment, addressed the issues of rejected drawback claims in shipping bills, allegations against a Customs House Agent for facilitating fraud, and imposition of penalties under the Customs Act, 1962. The Tribunal carefully analyzed the evidence and submissions, ultimately setting aside penalties on both the exporters and the CHA, allowing the appeals in their favor.