1992 (8) TMI 175 - AT - Customs

Summary

Issues:
1. Imposition of penalty under Section 113(d) of the Customs Act, 1962 on M/s. Premier Road Carriers Ltd.
2. Alleged illegal export of goods to Nepal and seizure of goods stored in the appellant's premises.
3. Show cause notice issued to the Manager of the appellant company, not to the appellant itself.
4. Contention regarding the lack of evidence proving the appellant's involvement in the illegal export of goods.

Analysis:
The judgment involves an appeal by M/s. Premier Road Carriers Ltd. against a penalty imposed by the Additional Collector of Customs for an alleged illegal export of goods to Nepal. The goods were seized from the appellant's premises, and the Manager of the company, Shri H.R. Choudhury, was issued a show cause notice regarding the seizure. The appellant contended that the penalty was unjust as they were not directly issued a show cause notice, and there was no evidence of their involvement in illegal export activities.

The appellant's advocate argued that the penalty on the appellant was not justified as they were not issued a show cause notice directly. It was highlighted that the notice was issued to the Manager of the company, and there was no proof of the appellant's intent to illegally export the goods. On the other hand, the J.D.R. contended that the Manager's reply on behalf of the appellant was sufficient, and the appellant had knowledge of the show cause notice. It was argued that the goods were intended for illegal export to Nepal by other parties involved.

The Tribunal considered the submissions and found that the goods in question were stored in the appellant's godown but were not exported until the date of seizure. The Manager's statement suggested that the goods were being held for legal clearance by the consignee. The Tribunal concluded that the appellant had not taken any overt actions to export the goods illegally, and the benefit of doubt should be given to them. Additionally, it was noted that the show cause notice was issued only to the Manager, not the appellant company itself, which was deemed insufficient for imposing a penalty under the Customs Act.

Ultimately, the Tribunal ruled in favor of the appellant, setting aside the penalty imposed on M/s. Premier Road Carriers Ltd. The judgment emphasized the importance of issuing a show cause notice directly to the concerned party before imposing penalties under the Customs Act, citing legal principles established by previous decisions.