2017 (5) TMI 1614 - AT - Customs

Proceedings against CHA - Forgery of Signature - Held that - It is surprising how the persons involved in the forgery of signature was let off and learned Commissioner has sympathetically dropped the proceedings under Regulation 20(1) of CHALR, 2004. It may be appreciated that the Customs area is very sensitive and forgery of signature is a serious crime - matter remanded to learned Commissioner to bring out the result of the enquiry for scrutiny threadbare as well as re-examine the issues in the light of the gravity of the matter affording reasonable opportunity of hearing to the CHA - appeal allowed by way of remand.

Summary

Issues:
1. Rejection of adjournment application by the appellant CHA
2. Forgery of signature by individuals associated with Zulash Clearing & Shipping Agency
3. Appeal against warning issued to CHA and dropping of proceedings by the Commissioner of Customs
4. Remand of the matter for further scrutiny and re-examination by the learned Commissioner
5. Direction to conduct an enquiry regarding prosecution of individuals involved in forgery

Analysis:

1. The judgment begins by rejecting the application for adjournment by the appellant CHA, emphasizing that seeking adjournment is not a right when the matter involves a serious offense and the appeal is significantly old.

2. The record indicates that individuals associated with Zulash Clearing & Shipping Agency engaged in forgery by falsifying the signature of a public official. This forgery was not contested, leading to proceedings under the CHALR, 2004 against the agency.

3. The CHA appeals against the warning issued, while the Revenue appeals against the decision to drop proceedings. The judgment questions the leniency shown by the Commissioner of Customs in dropping the proceedings without fully considering the gravity of the forgery offense.

4. Expressing surprise at the leniency shown, the Tribunal remands the matter to the Commissioner for a thorough examination of the enquiry results and a re-evaluation of the issues in light of the seriousness of the forgery, ensuring a fair hearing for the CHA.

5. Additionally, the judgment directs the Registry to provide a copy to the Chief Commissioner of Customs to investigate whether prosecution has been initiated against the individuals involved in the forgery, highlighting the gravity of the offense.

6. Finally, the appeals from both sides are disposed of, with the matter remanded for further scrutiny and the cross objection filed by the CHA against the Revenue's appeal also being disposed of.