2009 (7) TMI 1131 - AT - Customs

Summary

Issues involved:
The issues involved in this case include the import of goods without a Special Import Licence, confiscation of goods under Section 111(d) and 111(o) of the Customs Act, imposition of penalties under Section 112(a) of the Customs Act, abetment in the commission of the offence, and the liability of various parties involved in the import process.

Confiscation of Goods:
The goods imported without a Special Import Licence were found to be in contravention of the Customs Act, 1962 and the Exim Policy. The Commissioner ordered the confiscation of the goods valued at Rs. 69,78,090/-, which were cleared against a forged Special Import Licence. The goods were redeemed on payment of a redemption fine of Rs. 10,00,000/- by the importer under Section 125 of the Customs Act, 1962.

Imposition of Penalties:
Penalties were imposed on M/s. Cannaught Plaza Restaurant Ltd. under Section 112(a) of the Customs Act, 1962, amounting to Rs. 3,00,000/-. No penalty was imposed on Shri Jagdish Agarwal of M/s. Cannaught Plaza Restaurant Ltd. due to lack of direct evidence of his abetment in the offence. Additionally, penalties were imposed on M/s. Chanchal Cargo Agents and Shri Mahendra Shah under Section 112(a) of the Customs Act, 1962.

Challenge and Defence:
The importer challenged the penalties imposed, arguing lack of evidence showing awareness of the forged licence at the time of importation. The importer claimed to be a bona fide purchaser of the licence without mens rea. The broker and CHA defended themselves by stating they were not aware of the forged nature of the licence and were following instructions in genuine transactions.

Judgment and Disposition:
The Tribunal found the imported goods were liable to confiscation due to the use of a forged licence. While the redemption fine was set aside, a reduced penalty of Rs. 1.5 lakhs was upheld for the importer. The penalties on the broker and CHA were vacated as there was no evidence of their involvement in the offence. The appeals were disposed of accordingly.