2009 (2) TMI 547 - AT - Customs

Summary

Issues involved: Transport of goods of foreign origin without proper documentation, penalty imposed on transporters for carrying contraband goods.

Summary:

Issue 1: Transport of goods of foreign origin without proper documentation
The Appellants, engaged in the transport business, transported goods from Delhi to Kolkata without knowledge of their foreign origin. Customs Authorities verified the goods and relevant documents were provided. The person responsible for ordering the goods and claiming ownership was identified as Mirza Riazuddin. The Appellants argued they were unaware of the illicit nature of the goods and should not be penalized.

Judgment on Issue 1:
After hearing both sides, the Tribunal found that the transporters had produced relevant documents leading to the identification of the person owning the contraband goods. The Tribunal extended the benefit of doubt to the transporters, waiving the penalty imposed on them. Citing a previous case, the Tribunal emphasized that no evidence showed the transporters knowingly transported contraband goods, thus allowing the appeal.

Issue 2: Penalty imposed on transporters for carrying contraband goods
The Department supported the penalty imposed on the Appellants for carrying foreign origin goods without proper documentation. The Department questioned why the person claiming ownership of the goods was penalized with a lower amount compared to the value of the goods.

Judgment on Issue 2:
The Tribunal noted the discrepancy in the penalty amount imposed on the person claiming ownership of the goods and extended the same amount to the transporters. Considering the arguments and precedents, the Tribunal waived the penalty on the Appellants due to lack of evidence showing their knowledge of transporting contraband goods.