2018 (7) TMI 549 - AT - Customs

Penalty u/s 112 of CA - Misdeclaration of quantity of imported goods - Held that - It is a matter of record that in all the statements which have been recorded during the course of investigation, it has not come out that the appellants were any way connived, compires with the importer or abated the mis-declaration of the seized imported consignment. Section 112 is invocable only in the circumstances, whereas a person is involved in abetting of smuggling or mis-declaration or evasion of Customs duty or in cases where he deals with any prohibited or otherwise offensive goods in any way - There are no evidences which indicate in any way, about willful involvement of the appellant in mis declaration of impugned import consignment. The appellant has handled the consignment in normal course without any conscious knowledge or connivance etc. regarding mis-declaration of quantities etc. - penalty cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Imposition of penalties under Section 112 of the Customs Act, 1962 on the appellants for mis-declaration of imported goods.

Analysis:
The case involved the appellants filing an appeal against the Order-in-Original issued by the Commissioner of Customs (Prev.), W.B., Kolkata, imposing penalties under Section 112 of the Customs Act, 1962. The dispute arose when a consignment of readymade garments imported by M/s Tumpa Enterprise was found to have discrepancies in quantity and description upon physical examination. The Bill of Entry declared 39782 pieces of garments and 1936 kg of head-gears, but the actual examination revealed 45604 pieces of garments and 2177 kg of head-gears. Subsequently, a Show Cause Notice was issued for confiscation of goods and penalties under Sections 111 (l), 111 (m), and 112 of the Customs Act, 1962. The Commissioner, in the impugned order, imposed penalties on the appellants, Shri Dipankar Sen and Shri Achintya Sarkar, amounting to ?5 lakhs and ?1 lakh, respectively.

The appellants contended that they were not involved in any mis-declaration or smuggling activities related to the imported cargo. They argued that Section 112 of the Customs Act, 1962 is applicable only in cases involving abetting of smuggling, mis-declaration, evasion of customs duty, or dealing with prohibited goods. The appellants claimed that they were unaware of the mis-declaration and only became aware during the customs examination process. They emphasized that no evidence suggested their involvement in conniving with the importer to mis-declare the goods. The appellants maintained that they handled the consignment in the normal course of business without any conscious knowledge of the discrepancies.

Upon review of the case and perusal of the records, the Tribunal noted that there was no evidence implicating the appellants in any willful mis-declaration of the imported goods. The Tribunal highlighted the requirements under Section 112 of the Customs Act, 1962, which include actions that render goods liable for confiscation, abetting such acts, or being involved in handling goods known to be liable for confiscation. Since there was no indication of the appellants' intentional involvement in the mis-declaration, the Tribunal found no merit in imposing penalties on them. Consequently, the appeals were allowed, providing consequential benefit to the appellants as per the operative part of the order pronounced by the court.