2016 (3) TMI 604 - AT - Customs

Imposition of penalty under Section 112 of the Customs Act, 1962 - Acts of omission and commission - Held that - appellant issued delivery order to a company non- existent without verification and not mentioned in the IGM filed but also did not seek permission from Customs Department for amending IGM s containing names of other consignees. Also, it issued NOC dated 22/2/2007 to non-consignee company on the basis of an undated letter written to it by non-consignee company signed by one Amit whose signature on the said letter differ from the signature of Amit on the letters dated 22/2/2007 addressed to Deputy Commissioner of Custom on which Amit signed under the word Received (meaning he received those letters). Therefore, the appellant is clearly covered within the scope of section 112 of the Customs Act, 1962 inviting penalty thereunder. - Decided against the appellant

Issues:
1. Imposition of penalty under Section 112 of the Customs Act, 1962 for mis-declaration of imported goods.
2. Liability of the appellant for issuing delivery orders to a non-existent company without amending the Import General Manifests (IGMs).
3. Appellant's defense based on lack of knowledge about the contents of the containers and reliance on information received from shippers.
4. Interpretation of relevant legal precedents cited by the appellant to support their case.

Issue 1: Imposition of Penalty under Section 112 of the Customs Act, 1962

The appellant was penalized under Section 112 of the Customs Act, 1962 for mis-declaration of imported goods. The goods were declared as old original completely pre-mutilated woolen rags but were found to be old and used non-mutilated garments upon examination. The primary adjudicating authority imposed a penalty of Rs. 5 lakhs on the appellant for these violations. The Tribunal upheld the penalty, emphasizing that the mis-declaration of goods and the subsequent acts of omission and commission by the appellant warranted the penalty under Section 112.

Issue 2: Liability for Issuing Delivery Orders to a Non-Existent Company

The appellant issued delivery orders to a company, Rainbow Products, without amending the IGMs filed with different consignees' names. Rainbow Products, mentioned in the delivery orders, was found to be non-existent at the provided address. The Tribunal noted that the appellant failed to inform Customs about the change in consignees and did not seek permission for amending the IGMs. These actions were considered serious violations, leading to the imposition of the penalty under Section 112 of the Customs Act, 1962.

Issue 3: Appellant's Defense and Lack of Knowledge

The appellant argued that they had no knowledge about the contents of the containers and relied on information received from the shippers. They claimed to have issued delivery orders and no objection certificates based on requests from Rainbow Products, which paid relevant charges through cheques. However, the Tribunal found that the appellant failed to verify the authenticity of Rainbow Products and did not follow proper procedures for amending the IGMs, leading to their liability for the penalty.

Issue 4: Interpretation of Legal Precedents

The appellant cited legal precedents from the Bombay High Court and Madras High Court to support their case, emphasizing that vessel owners should not be held responsible for discrepancies in full container loads with intact seals. However, the Tribunal distinguished the present case, clarifying that the penalty was not imposed solely due to mis-declaration of goods but also due to the appellant's procedural lapses and failure to comply with Customs regulations. Therefore, the cited judgments did not provide a defense against the penalty imposed in this case.

In conclusion, the Tribunal dismissed the appeal, upholding the penalty imposed on the appellant under Section 112 of the Customs Act, 1962 for the violations related to mis-declaration of imported goods and procedural irregularities in issuing delivery orders without proper amendments to the IGMs.

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