2018 (8) TMI 1119 - AT - Customs

Imposition of penalties - whether the appellants were having knowledge of the contents of consignment which was to be exported by the exporter or not? - Held that - The appellants were having no knowledge of the contents of the consignment to be exported. It is the appellants who themselves have detected the consignment and intimated to the Custom Department that the consignment is carrying some suspicious goods, therefore, it was 100% examined - penalty u/s 114 is not imposable. No proceedings were initiated against the custom broker. In that circumstances, as Revenue itself is of the view that the appellants are not to be punished under CBLR. Therefore, no penalty can be imposed on the appellant under Section 114 of the Customs Act, 1962. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Penalties imposed on the appellants under Section 114 of the Customs Act, 1962 for exporting prohibited goods without knowledge.

Analysis:
The case involved penalties imposed on the appellants for exporting prohibited goods without their knowledge. A shipping bill was filed for brake pads, but upon examination, it was discovered to contain prohibited items listed under CITES. The appellants, including Sh. Manoj Kumar Nagar and Sh. Rajesh Kumar Mishra, cooperated with authorities and requested a 100% examination of the consignment upon suspicion. The appellants claimed they had no knowledge of the contents and acted diligently. The appellant Sh. Ali Sher Khan, a coordinator, also stated he was unaware of the contents of the container. The Revenue argued that the appellants failed to verify the exporter's antecedents, justifying the penalties.

After hearing all parties, the Tribunal determined the core issue of whether the appellants had knowledge of the exported goods. The Tribunal found that the appellants were unaware of the contents and had alerted authorities about suspicious items, leading to a thorough examination. As no proceedings were initiated against the custom broker, the Tribunal held that penalties under Section 114 of the Act were not applicable. Citing a previous decision, the Tribunal set aside the penalties imposed on the appellants, granting them relief and allowing the appeals.

In conclusion, the Tribunal ruled in favor of the appellants, finding that they had no knowledge of the prohibited goods being exported and had cooperated with authorities in detecting the suspicious items. The penalties imposed under Section 114 of the Customs Act, 1962 were set aside based on the lack of evidence of the appellants' involvement in the prohibited export, ultimately granting them relief in the case.