2007 (11) TMI 43 - AT - Customs

CHA, appellant, failed to discharge his functions No finding of involvement of CHA in the attempt to smuggle out red sander wood logs recorded In absence of any finding showing that appellant had abetted the smuggling of prohibited goods penalty on him cannot be imposed u/s 114(i)

Summary

Issues: Stay application for waiver of pre-deposit and stay of recovery of penalty under Section 114(i) of the Customs Act, 1962.

Detailed Analysis:

1. The stay application sought to waive pre-deposit and stay the recovery of a penalty imposed on the appellant under Section 114(i) of the Customs Act, 1962. The appellant, Shri I. Sahaya Edin Prabhu, filed the application along with an appeal to vacate a penalty of Rs. 50,000 imposed on him. As the appeal did not involve complicated legal or factual issues, it was taken up for disposal after dispensing with pre-deposit.

2. During the hearing, when the case was called, nobody appeared for the appellants. The Ld. SDR submitted that the appellant had abetted the offense related to an attempt to smuggle Red Sanders. It was alleged that the appellant, a Custom House Agent (CHA), had not discharged his duties as per the Custom House Agents' Licensing Regulations, which facilitated the fraudulent attempt at smuggling prohibited goods.

3. The facts of the case revealed that two individuals conspired to export prohibited goods by substituting them for legitimate export items. The appellant, as a CHA, signed the customs documents that enabled unauthorized access to customs clearing formalities, ultimately leading to the smuggling attempt being foiled by vigilant department staff. The contraband was valued at Rs. 20,68,500.

4. The Commissioner found that the appellant had failed to discharge his duties as a CHA, which allegedly facilitated the smuggling attempt. However, upon review, it was noted that there was no specific finding indicating the appellant's positive role in the smuggling attempt or how he abetted it. The penalty imposed on the appellant under Section 114(i) was deemed unsustainable due to the lack of evidence showing his direct involvement in the smuggling effort. Therefore, the appeal filed by the appellant was allowed, and the penalty was set aside.

5. In conclusion, the Tribunal found that the penalty imposed on the appellant was not sustainable as there was no concrete evidence of his active participation in the smuggling attempt. The decision to allow the appeal was based on the lack of findings demonstrating the appellant's direct involvement in the illegal activity, leading to the setting aside of the penalty under Section 114(i) of the Customs Act, 1962.