2014 (4) TMI 1164 - AT - Customs

Imposition of penalty u/s 117 of the CA, 1962 - Held that - the appellant was not having any knowledge of over-valuation and the quantity declared in the shipping bill therefore, the appellant is not required to be penalized - appeal allowed - decided in favor of appellant.

Summary

Issues:
Imposition of penalty under Section 117 of the Customs Act, 1962 for aiding and abetting in availing excess draw back claim.

Analysis:
The appellant appealed against the penalty imposed under Section 117 of the Customs Act, 1962 for aiding the exporter in over-valuing goods to claim ineligible draw back. The appellant, a Customs House Agent (CHA), argued that they had genuine documents and no knowledge of the over-valuation, citing previous cases like Irma Impex v. CC (Port) Kolkata. The respondent contended that the appellant aided the exporter without knowing them, through an unauthorized Clearing and Forwarding agent. The adjudicating authority found the CHA's actions facilitated fraudulent exporters but did not allege knowledge of over-valuation. The authority penalized the appellant, leading to the appeal.

Upon review, the Tribunal noted that the CHA acted in good faith based on genuine documents like IEC, PAN, and the authority letter. The Tribunal referenced the Irma Impex case, stating that if a CHA relies on documents issued by the exporter without specific knowledge of over-valuation, they should not be penalized. As the CHA was unaware of the over-valuation and quantity declared in the shipping bill, the Tribunal ruled in favor of the appellant, setting aside the penalty and allowing the appeal with any consequential relief.

In conclusion, the Tribunal overturned the penalty imposed under Section 117 of the Customs Act, 1962 on the CHA for aiding and abetting in availing excess draw back claim, based on the lack of knowledge regarding the over-valuation of goods. The decision was influenced by the genuine documents held by the CHA and previous legal precedents, ultimately leading to the appeal being allowed with consequential relief.