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2019 (5) TMI 79 - AT - CustomsPrinciples of natural justice - notice for imposition of penalty not issued - Imposition of penalty under Regulation 12(8) of the Handling of Cargo in Customs Area Regulations, 2009 - HELD THAT - Though the Bond which was executed by the appellant for ₹ 3 Crores was due to expire on 16.06.2018 but the appellant vide their letter dated 07.06.2018 requested for the extension of the Bond on the ground that filing of the fresh Bond of ₹ 11 Crores will take some time as the same needs approval of the Board of the Port Trust. Imposing the penalty without issuing the notice thereby denying an opportunity to oppose the imposition of penalty is in violation of the principles of natural justice - Penalty not sustainable - appeal allowed - decided in favor of appellant.
Issues:
Violation of Regulation 5(3) of Handling of Cargo in Customs Area Regulations, 2009 leading to penalty imposition under Regulation 12(8) by the Commissioner of Customs. Analysis: The appellant, a Customs Cargo Service Provider, was penalized by the Commissioner of Customs for violating Regulation 5(3) of the Handling of Cargo in Customs Area Regulations, 2009. The appellant had initially submitted a Bond for &8377; 3 Crores, valid until 16.06.2018. Subsequently, a request was made on 07.06.2018 to extend the validity of the Bond for three months due to delays in obtaining approval for a new Bond worth &8377; 11 Crores from the Board of Cochin Port Trust. The appellant submitted the new Bond on 20.06.2018. The Commissioner found the appellant in violation of Regulation 5(3) for operating without a valid Bond from 17.06.2018 to 19.06.2018 and imposed a penalty of &8377; 50,000. The appellant challenged this decision through the present appeal. The appellant argued that the penalty imposition was unjust as the Commissioner failed to issue a notice as required by Regulation 12(1) before imposing the penalty. It was contended that the lack of notice and opportunity to file objections violated the principles of natural justice. Additionally, the appellant highlighted that their request for Bond extension was not responded to by the Customs Department, leading to confusion regarding the validity of the Bond. The appellant emphasized that they had complied with the Bond requirements and had made a timely request for extension. On the other hand, the AR defended the penalty imposition, stating that penalties could be imposed without prior notice and that the appellant's request for extension did not fulfill the requirement of furnishing a new Bond for the extended period. After hearing both parties and reviewing the case records, the Judicial Member found that the penalty imposition was unsustainable in law. It was noted that the appellant had requested an extension of the Bond in a timely manner due to procedural delays in obtaining approval for a new Bond. The Judicial Member emphasized that imposing a penalty without issuing a notice and denying the opportunity to oppose it was a violation of natural justice. Furthermore, the lack of response from the Customs Department to the appellant's request added to the confusion. Consequently, the Judicial Member set aside the penalty, allowing the appeal of the appellant. In conclusion, the judgment highlighted the importance of procedural fairness and adherence to natural justice principles in penalty imposition cases, emphasizing the need for clear communication and timely responses from the concerned authorities to avoid confusion and unjust penalties.
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