2008 (5) TMI 210 - AT - Customs

Appellant, CHA penalty - Once the goods are cleared through Customs on payment of duty, adjudged by the Deputy Commissioner and the goods are not available; it cannot be presumed that they were not bona fide baggage and are liable to confiscation under Section 111(d) of the Customs Act, 1962 - it cannot be held arbitrarily that the appellant aided and abetted the passenger in clearance of non bona fide baggage hence penalty on him is not justified

Summary

Issues:
- Imposition of penalty under Section 112(a) of Customs Act, 1962 on the appellant for assisting in clearance of unaccompanied baggage.
- Discrepancy in treatment of two similar cases by the Commissioner.
- Ignoring evidence provided by the appellant's employees and customs procedures.
- Allegations of aiding and abetting in clearance of non bona fide baggage.
- Justification of penalty imposed and subsequent relief granted.

Analysis:
The case involved the imposition of penalties under Section 112(a) of the Customs Act, 1962 on the appellant for assisting in the clearance of unaccompanied baggage. The Commissioner differentiated between two similar cases involving different passengers, holding one liable for penalty while absolving the other. The appellant's employees provided crucial evidence, including the preparation of Baggage Declaration Forms (BDF) as per passenger instructions, which was disregarded by the Commissioner.

The Commissioner's decision was based on the denial statement of one passenger recorded by customs officers, which contradicted the evidence provided by the appellant's employees. Despite evidence showing the passenger's involvement in the clearance process, the Commissioner ignored these facts. The examination report also highlighted discrepancies in the declaration of goods by the passenger, which were rectified during examination and payment of duty.

Furthermore, the Commissioner failed to consider the procedural aspects of customs clearance, such as the attestation of documents by customs officers and the absence of evidence indicating the appellant's knowledge of any non bona fide nature of the goods. The judgment emphasized that once goods are cleared through customs and duty is paid, it cannot be assumed that they were non bona fide or subject to confiscation under Section 111(d) of the Customs Act, 1962.

Ultimately, the penalty imposed on the appellant was deemed unwarranted and set aside, with the appeal being allowed with consequential relief. The judgment highlighted the importance of evidence, procedural compliance, and the justification for penalties in cases involving customs clearance of unaccompanied baggage.