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Short-landing of cargo at Calcutta by M.V. Jalakendra, imposition of penalty under Section 116 of the Customs Act, 1962, appeal against the Appellate Order of the Appellate Collector of Customs, Calcutta. Detailed Analysis: 1. The appeal was against the Appellate Order of the Appellate Collector of Customs, Calcutta, where the appellants contested the penalty imposed under Section 116 of the Customs Act, 1962 for alleged short-landing of cargo at Calcutta by M.V. Jalakendra. The vessel was chartered to carry Calcium Ammonium Nitrate from Constanza to Indian Ports for the Food Corporation of India. 2. The cargo was loaded at Constanza, and concerns arose about the hygroscopic nature of Calcium Ammonium Nitrate causing damage to the bags during the voyage. Upon arrival at Calcutta, a discrepancy was noted in the number of bags discharged, leading to allegations of short-landing by the Port Trust. 3. The Customs Authorities issued a show cause notice based on the out turn report of the Port Trust, which alleged the short-landing of bags. The appellants contested this, arguing that the out turn report did not accurately reflect the actual quantity landed and relied on various pieces of evidence to support their claim. 4. The lower authorities upheld the penalty based on the out turn report, prompting the appellants to challenge the decision. The appellants' counsel argued that the out turn report alone was insufficient evidence and should be considered alongside other factors such as survey reports, conduct of the parties, and additional materials. 5. The Tribunal analyzed the evidence presented, including correspondence from the Food Corporation of India and survey reports indicating a discrepancy in the number of bags landed. After careful consideration, the Tribunal found that there was a short-landing of 666 bags and reduced the penalty imposed on the appellants from Rs. 95,262 to Rs. 25,000, granting partial relief to the appellants based on the evidence and circumstances of the case. 6. The Tribunal's decision highlighted the importance of considering all relevant evidence in cases of alleged short-landing, emphasizing that the out turn report alone is not conclusive proof and must be evaluated in conjunction with other factors to arrive at a fair and just conclusion.
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