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Issues involved: Confirmation of customs duty, imposition of penalties under various sections of the Customs Act, diversion of imported goods in the open market, responsibility of Customs House Agents (CHAs) in cases of duty evasion.
Confirmation of customs duty and penalties: The Commissioner confirmed customs duty and penalties on blank video and audio cassettes imported by M/s. Tony Enterprises and zinc ingots imported by M/s. Ventura Alloys & Electrics (India). Penalties were imposed on the proprietary concerns, their proprietors, and employees under Section 112 and Section 114A of the Customs Act. Recovery of duty was directed from clearing agencies, and penalties were imposed on employees and partners of the CHAs. Diversion of imported goods: Mr. Anthony D'Souza obtained advance licenses for import of various goods but allegedly diverted them in the open market instead of using them for manufacturing and export purposes. Fabricated transport documents were provided to CHAs to show goods were transported to declared factories, when in reality they were sold in the market. Responsibility of Customs House Agents: The Tribunal considered the provisions of Section 147(3) of the Customs Act regarding the liability of agents in cases of duty evasion. It was argued that CHAs should not be held responsible for duty evasion if they were not willfully involved. The Tribunal cited previous decisions to support the argument that CHAs act as agents of the importer and are not directly responsible for the goods' diversion. Therefore, the Tribunal granted waiver of pre-deposit of duty and penalties for the CHAs, their proprietors, partners, and employees pending their appeals, as there was no evidence to suggest their involvement in the diversion of goods. Conclusion: The Tribunal granted the waiver of pre-deposit of duty and penalties for the CHAs, their proprietors, partners, and employees, as they were not found to have knowledge or reason to believe in the diversion of imported goods. The decision highlighted the limited responsibility of CHAs in cases of duty evasion and emphasized the need for evidence of willful involvement before imposing penalties on them.
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