2017 (7) TMI 701 - AT - Customs

Penalty u/s 112 (a) of the Customs Act, 1962 - clearance of the goods without a proper NOC from the drug control authorities - Held that - The role of a CHA, and his job is only to file the bill of entries. It is inconceivable that a CHA, whose job is only to file bill of entries, making the proper declarations as per the information given by the importer and to assist an importer for clearances of the goods, would be aware of the technical laws of production of various licences for an import of a particular item, so as to invoke penal action against him. There is no evidence on record to show that the present appellants were aware of the fact that the importer does not have the NOC s or the requisite licences are required to be produced before Customs authorities and as such, has abetted the illegal imports - penalty not justified - appeal allowed - decided in favor of appellant.

Summary

Issues:
Penalty imposed on M/s. The Trading Corporation Pvt. Ltd. (CHA) and Shri Satheesan B Menon, Branch Manager, under section 112(a) of the Customs Act, 1962.

Analysis:
The judgment dealt with the challenge to penalties imposed on M/s. The Trading Corporation Pvt. Ltd. and Shri Satheesan B Menon for violations under the Customs Act, 1962. The appellants were penalized for allowing an importer to use the CHA's name for clearance of imports without proper licenses, leading to illegal clearances. The Commissioner observed that by conniving with the importer, the appellants violated CHALR, 2004, and abetted illegal imports, justifying the penalties under section 112(a) of the Customs Act.

The main ground for penalty imposition was the violations under CHALR, 2004, resulting in clearance of goods without necessary licenses. However, the judgment highlighted that the Customs authorities cleared the goods despite being aware of the licensing requirements. The role of a CHA is limited to filing bill of entries, and penalizing them without evidence of malafide intention or abetment is unjustified. Citing precedents, the Tribunal emphasized that mere failure to follow regulations does not warrant penalties under the Customs Act.

The Tribunal referred to previous cases where penalties on CHAs were set aside due to lack of evidence or failure to adhere to regulations. In the absence of proof that the appellants were aware of the licensing discrepancies, penalizing them under section 112(a) of the Customs Act was deemed unjustified. Consequently, the impugned order was set aside, and both appeals were allowed with consequential reliefs, if any.

In conclusion, the judgment focused on the lack of evidence implicating the appellants in the illegal imports, emphasizing the limited role of CHAs and the necessity of proving malafide intentions for penalty imposition under the Customs Act. The decision underscored the importance of adhering to regulations but highlighted that mere regulatory violations do not automatically justify penalties without concrete evidence of wrongdoing.