2010 (6) TMI 430 - AT - Customs

Penalty - abetment in smuggling of the foreign currency - penalty imposed on the ground that Appellant has not supervised/monitored the movement of employee, who was involved in abetment in smuggling by a passenger Airport Held that - not a valid ground for imposition of penalty under Section 112/114/117 of the Customs Act - no justification for imposition of any penalty under the Customs Act penalty set aside and the Appeal is allowed

Summary

Issues: Imposition of penalty on a partnership firm for failure to supervise an employee involved in smuggling foreign currency.

Analysis:
1. The Appellate Tribunal, Kolkata, heard the case where the Appellant, a partnership firm, was penalized for not supervising an employee involved in abetment of smuggling foreign currency. The penalty was imposed under sections 112/114/117 of the Customs Act.

2. The Tribunal noted that the sole ground for imposing the penalty on the Appellant was the failure to supervise the employee, without any evidence of knowledge or intention on the part of the partners of the firm. The Tribunal held that this ground was not valid for penalty imposition under the Customs Act.

3. The Tribunal clarified that it was not expressing any opinion on the findings against other parties in the case. However, it concluded that there was no justification for imposing a penalty on the partnership firm under the Customs Act.

4. Consequently, the Tribunal set aside the Commissioner's order regarding the penalty on the partnership firm, providing consequential relief to the Appellant as per the law. The appeal was allowed in favor of the Appellant, and the penalty on the firm was revoked.

This detailed analysis highlights the key points of the judgment, focusing on the grounds for penalty imposition, lack of evidence attributing knowledge or intention, and the ultimate decision to set aside the penalty on the partnership firm.