1989 (9) TMI 222 - AT - Central Excise

Summary

Issues:
1. Imposition of penalty based on out-turn report by Additional Collector of Customs.
2. Discrepancy between tally sheets and out-turn report.
3. Validity of penalty under Section 116 of Customs Act, 1962.
4. Interpretation of guidelines set by Bombay High Court in similar cases.

Analysis:
The appeal in this case concerns the imposition of a penalty by the Additional Collector of Customs based on an out-turn report. The appellants, steamer agents representing a principal company, imported goods from USSR, and the penalty was imposed due to a discrepancy between the tally sheets and the out-turn report regarding the shortlanding of unpacked screws and spare parts. The appellants contested the penalty, arguing that the entire cargo was discharged without any shortlanding, as confirmed by the Master of the Ship and the tally sheets issued by the Port Trust Authorities. They relied on previous court decisions to support their position, emphasizing the importance of tally sheets as authenticated documents proving the discharge of the entire cargo.

The respondent, representing the Customs authorities, justified the penalty based on the out-turn report. Upon reviewing the arguments and records presented by both parties, the Tribunal noted the discrepancy between the tally sheets and the out-turn report. The Tribunal referenced guidelines set by the Bombay High Court in similar cases, emphasizing the importance of tally sheets in determining the landing of cargo. The Court highlighted that when there is a conflict between the tally sheet and the out-turn report, the tally sheet should be given precedence as the authenticated document. The Tribunal concluded that the Additional Collector was not justified in imposing the penalty based on the out-turn report and set aside the impugned order, ultimately allowing the appeal brought by the appellants.