2018 (4) TMI 1343 - AT - Customs

Penalty u/s 114AA of CA - penalty was not imposed by the adjudicating authority on the ground that Section 114AA was inserted in the Customs Act, 1962 as per Taxation Amendment Laws, 2006 that came into force only on 13.7.2006 - Held that - as per the annexure to the show cause notice in the list of shipping bills, it is observed that some of the shipping bills pertain to the period prior to 13.7.2006 and some of them were issued after 13.7.2006 - in all those cases where the shipping bills were issued prior to 13.7.2006, no penalty can be imposed on the respondents under Section 114AA as the provision of this section was not existing prior to 13.7.2006. The learned Commissioner should decide on the basis of role and of fence, if any, committed on the part of the respondents to decide imposition of penalty - appeal allowed by way of remand.

Summary

Issues involved:
Imposition of penalty under Section 114AA of the Customs Act, 1962 on shipping bills issued before and after 13.7.2006.

Analysis:

1. Imposition of Penalty under Section 114AA:
The appeals were filed by the Revenue seeking the imposition of penalty under Section 114AA of the Customs Act, 1962. The adjudicating authority did not impose the penalty citing that Section 114AA was inserted in the Act as per the Taxation Amendment Laws, 2006, which came into force on 13.7.2006. The Revenue contended that the penalty should be imposed on shipping bills issued both before and after 13.7.2006. The Commissioner's finding stated that the penalty under Section 114AA could not be applied retrospectively to cases where the cause of action occurred before the enactment of the provision. However, the judgment highlighted that this reasoning was relevant only for cases where shipping bills were issued before 13.7.2006, and not for those issued after that date.

2. Role and Offense of Respondents:
The Commissioner's order did not provide an independent finding on the role and offense of the respondents in cases where shipping bills were issued post 13.7.2006. The judgment emphasized that in such cases, the imposition of penalty should be based on the role and offense committed by the respondents. It clarified that for shipping bills issued before 13.7.2006, no penalty could be imposed under Section 114AA due to the non-existence of the provision at that time.

3. Remand to Adjudicating Authority:
After considering the submissions from both sides, the Tribunal remanded all the appeals to the adjudicating authority for a fresh order specifically on the aspect of penalty under Section 114AA concerning all the respondents involved in the appeals. This decision aimed to ensure a proper examination of the role and offense of the respondents in relation to the issuance of shipping bills before and after 13.7.2006.

This comprehensive analysis of the judgment highlights the key issues surrounding the imposition of penalties under Section 114AA of the Customs Act, 1962, and the Tribunal's decision to remand the appeals for further consideration by the adjudicating authority.