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2005 (7) TMI 23 - AT - CustomsConfiscation and penalty- Appellant contended that no penalty is sustainable on him in view of the fact that demand for duty on the goods got dropped Authority rejected the appellant contention and penalty is sustainable.
Issues:
1. Rectification of mistake in the Tribunal's Final Order. 2. Reduction of penalty under Section 112 for destroyed goods. 3. Applicability of penalty when duty demand is dropped. 4. Imposition of penalty under Customs Act Section 112. 5. Retaining penalty on partnership firm. 6. Allegation of attempted bribery by the appellant. Issue 1: The application for rectification of mistake in the Tribunal's Final Order was allowed as the Bench failed to consider a cited case, leading to the rectification. Issue 2: The penalty under Section 112 was reduced to Rs. 50,000 for the applicant due to the goods being destroyed in a fire and not consumed in the DTA. Penalty on the partner of the firm was set aside. Issue 3: The main contention was whether a penalty is sustainable when the demand for duty on the goods is dropped. The appellant relied on a decision of the Larger Bench, but the Tribunal held that penalty can still be imposed under the Customs Act even if no duty is demanded on goods liable to confiscation under Section 111(d). Issue 4: The Tribunal clarified that penalties under Section 112(a) or (b) of the Customs Act can be imposed even when no duty is demanded on goods liable to confiscation under Section 111(d). The appellant's attempt to apply a decision under a different enactment was deemed inapplicable. Issue 5: The Tribunal upheld the retention of penalty on the partnership firm, stating that a firm can be separately penalized, and vicarious liability exists for the acts of its employees/partners under Section 112 of the Customs Act. Issue 6: The appellant's plea regarding an observation of attempted bribery was dismissed as the observation was based on a statement by the authorized employee of the CHA firm, which was not retracted. The Tribunal found no infirmity in the order on this count. In conclusion, the Tribunal rectified the mistake in the Final Order, reduced the penalty for destroyed goods, clarified the imposition of penalties under the Customs Act, upheld the penalty on the partnership firm, and dismissed the allegation of attempted bribery. The appeal was disposed of accordingly.
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