2008 (12) TMI 480 - AT - Customs

Summary

Issues involved: Appeal challenging penalty u/s 114 of Customs Act imposed on appellant for involvement in attempt to illegally export contraband red sander wood logs.

Summary:
1. The appeal was filed by the appellant, a proprietor of a CHA, challenging the penalty imposed under Section 114 of the Customs Act for involvement in an attempt to export contraband red sander wood logs by manipulating shipping documents.

2. The investigation revealed that the consignment intended for export was substituted with red sander wood logs, leading to penalties imposed on individuals involved. The appellant's employee, Shri Kalyana Ranganathan, was found negligent in processing shipping documents, resulting in a penalty of Rs. 5000/- on him and Rs. 10,000/- on the appellant u/s 114 of the Act.

3. During the appeal, it was argued that the CHA was implicated due to the employee's unauthorized actions, and a penalty for negligence u/s 114 could not be justified.

4. The Tribunal considered the submissions and found that the appellant was not knowingly involved in the illegal transaction. The penalty imposed on the appellant for negligence was deemed unsustainable, leading to setting aside of the penalty and allowing the appeal.

Separate Judgement:
- No separate judgement delivered by the judges.