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2007 (3) TMI 52 - AT - CustomsPenalty(Customs) Revenue contended that the respondents has amended the IGM after a period of 12 days and accordingly liable to pay penalty - Held that revenue contention was not correct and it was rejected
Issues:
Revenue's appeal against the order passed by Commissioner (Appeals) regarding the imposition of penalty for amending the IGM after 12 days. Analysis: The appellate tribunal considered the appeal filed by the Revenue, challenging the order passed by the Commissioner (Appeals) regarding the imposition of a penalty on the respondents for amending the IGM after a period of 12 days. The tribunal noted that the Commissioner of Customs (Import) had examined the case records and submissions made by the Shipping Lines/Agents. It was found that the confusion regarding the amendment in the name of the consignee and the weight was between the Slot Agents and their Agents in Dubai and Mumbai, while the main Shipping Line/Agent, M/s. Orient Shipping Agency Pvt. Ltd., was not aware of this confusion. The tribunal observed that even with due diligence and care, M/s. Orient Ship Agency Pvt. Ltd. or their principles would not have known about the incorrect name of the Consignee in the IGM. The appellate authority's findings regarding the lack of awareness and the absence of grounds for penalization were not contested by the Revenue. The respondents' advocate explained that the mistake was made by the shipper, who had informed the slot agents within 12 days of the vessel's arrival. The tribunal, after a thorough review of the case, found no infirmity in the view taken by the Commissioner (Appeals). It was highlighted that the Revenue's appeal was rejected based on the grounds that the findings of bona fide arrived at by the appellate authority were not being challenged. The tribunal concluded that since the intimation regarding the mistake was given within the stipulated period of 12 days after the vessel's arrival, there was no justification for imposing a penalty. As a result, the Revenue's appeal was dismissed, affirming the decision of the Commissioner (Appeals) regarding the penalty on the respondents for amending the IGM after 12 days. The judgment was dictated in court, finalizing the resolution of the appeal.
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