2006 (10) TMI 159 - HC - Customs

Summary

Issues:
1. Appeal under Section 130 of the Customs Act, 1962 against a Final Order by the Customs Excise and Service Tax Appellate Tribunal.
2. Involvement of an employee of Haryana Police in clandestine import of metals.
3. Examination of facts related to the case of the present appeal.
4. Involvement of the appellant in clearing, transporting, concealing, and storing offending goods.
5. Evidence from statements of witnesses and investigation of phone numbers linking the appellant to import activities and customs duty evasion.
6. Failure to specifically discuss the appellant's case in the Tribunal's order.
7. Challenge to the validity of the show cause notice and penalty imposed under Section 112 of the Customs Act.
8. Application of Section 112(b) of the Act in the case of the Appellant.
9. Imposition of penalty by the Commissioner of Customs and affirmation by the Tribunal.

Analysis:
1. The judgment involved an appeal under Section 130 of the Customs Act against a Final Order by the Customs Excise and Service Tax Appellate Tribunal. The case revolved around the clandestine import of metals, where an employee of Haryana Police was deeply involved in the illegal activities.
2. The appellant's role in the clandestine import of metals was significant, as he was responsible for clearing, transporting, concealing, and storing the offending goods. Witness statements and investigations linked the appellant to these activities, indicating his active participation in customs duty evasion.
3. Despite the Tribunal not specifically discussing the appellant's case in the order, upon review of the facts, the High Court found no prejudice caused to the Appellant. The Court concluded that the Tribunal rightly rejected the appeal based on the facts of the case.
4. The appellant challenged the validity of the show cause notice and the penalty imposed under Section 112 of the Customs Act. However, the Court rejected this contention, stating that the penalty was rightfully imposed under Section 112(b) due to the appellant's involvement in activities leading to liability for confiscation under Section 111.
5. Ultimately, the Court dismissed the appeal, stating that no substantial question of law was raised for consideration under Section 130 of the Act. The penalty imposed by the Commissioner of Customs, based on detailed facts and application of the law, was affirmed by the Tribunal, leading to the dismissal of the appeal.