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Issues involved: Application for waiver of pre-deposit of penalty u/s 114(iii) of the Customs Act, 1962 for loading goods without Let Export Order.
Summary: The judgment by the Appellate Tribunal CESTAT, Mumbai dealt with two applications seeking waiver of pre-deposit of Rs. 5 lakhs each imposed on a shipping line for loading goods meant for export without the Let Export Order, contravening Sections 33 and 34 of the Customs Act, 1962. The applicant claimed innocence, stating they were misled by the Customs House Agent (CHA) who provided incorrect information twice, leading to the inadvertent loading of goods without the required order. The Departmental Representative (DR) argued that the shipping line had a primary responsibility to ensure compliance with statutory requirements and loading goods without the necessary order warranted a stiffer penalty, citing a precedent where a similar penalty was upheld by the Tribunal. Upon consideration, the Tribunal found that the shipping line had indeed committed an offence by loading goods without the Let Export Order, emphasizing the serious implications of such actions, especially in cases involving sensitive items like narcotics and explosives. Despite the applicant's claim of being misled by the CHA, the Tribunal held that it was their statutory duty to prevent such violations. Consequently, the Tribunal directed the applicant to pre-deposit Rs. 2 lakhs each in both cases within 8 weeks, with a waiver of pre-deposit for the remaining penalty amount and a stay on recovery pending the appeal's disposal. Non-compliance was warned to result in the dismissal of the appeal without prior notice. The judgment underscores the importance of strict adherence to customs regulations and the accountability of shipping lines in ensuring compliance with statutory requirements to prevent potential risks associated with unauthorized exports.
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