2014 (5) TMI 122 - HC - Customs

Reasoned Order - Exemption of Duty Notification of Scheme Misuse of the benefit Diversion of duty free goods to open Market - Setting aside of Penalty Whether Tribunal erred in setting aside penalty of Rs. 25 lacs u/s 112(b) of the Customs Act, 1962 Held That - Tribunal s reasoning for the conclusion it arrived at, is not satisfactory both in its extent and content - Whatever conclusion the Tribunal may reach, it has to spell out in support of its order proper and adequate reasons - Reasons are a soul of any judicial order and good and proper reasoning makes its body strong - Court remands the matter back to Tribunal directing it to decide the matter afresh after giving notice to the parties and hearing them - Tribunal committed an error in passing the impugned order - The question formulated above is accordingly answered in affirmative Decided in Favour of assessee.

Summary

Issues:
Appeal against setting aside penalty under Customs Act, 1962.

Analysis:
The case involved an appeal against the setting aside of a penalty of Rs. 25 lacs imposed on the respondent under Sections 112(a) and 112(b) of the Customs Act, 1962. The respondent was working with a clearing agency and was authorized to clear goods for a charitable trust. Investigations revealed misuse of duty-free imported goods meant for relief work. The respondent was accused of misappropriation and forging documents. The adjudicating authority imposed a penalty, which was confirmed on appeal. The Tribunal set aside the penalty based on its findings during the investigation.

The Tribunal observed that the goods were diverted for sale in the open market instead of relief work. It was noted that certain individuals were aware of this diversion and allowed it to happen. The Tribunal also considered the involvement of other parties in the misdeeds. However, the Tribunal found insufficient evidence linking the respondent directly to the subsequent sale of goods in the market. The Tribunal concluded that the contravention was a post-import issue and that the respondent, being a paid employee, should not be penalized without concrete evidence of his involvement in the diversion of goods.

Upon review, the High Court found the Tribunal's reasoning unsatisfactory and lacking proper justification. Emphasizing the importance of strong reasoning in judicial orders, the High Court remanded the matter back to the Tribunal for a fresh decision. The High Court held that the Tribunal had erred in passing the impugned order and directed the Tribunal to provide a reasoned order after hearing both parties. Consequently, the High Court allowed the appeal and set aside the Tribunal's decision, sending the case back for further proceedings.