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Issues:
Whether penalty is imposable under Section 112(a) of the Customs Act on the appellants for the violations related to the importation and disposal of goods under Duty Exemption Entitlement Certificate Scheme (DEEC). Analysis: The judgment involves two appeals arising from a common order passed by the Collector of Customs, Bombay, related to the importation and subsequent disposal of 100% Polyester fabrics under the DEEC scheme. The Collector confiscated the goods and imposed penalties under Section 112(a) of the Customs Act on various parties involved in the transaction. The appellants argued that they were not in possession of the goods after the high sea sale and, therefore, should not be penalized for any violations related to the imported goods. They contended that the goods were confiscated for post-importation violations, and since they did not possess the goods, penalties should not be imposed on them under Chapter IVA of the Customs Act. In response, the Department argued that the firm involved in the importation was a legal person, and the partners could not escape liability for contraventions unless they proved lack of knowledge. They presented evidence to show the involvement of the appellants in the importation process and subsequent disposal of the goods, emphasizing the need for deterrent penalties in economic offenses. The Tribunal analyzed the provisions of Chapter IVA of the Customs Act, which govern the importation and storage of notified goods, and observed that the goods were confiscated for violations under this chapter. However, it noted that the goods were not confiscated for importation contrary to prohibitions, and the penalties imposed could not be justified based on the appellants' lack of possession of the goods post high sea sale. The Tribunal found that there was insufficient evidence to prove the direct involvement of the appellants in the subsequent storage and disposal of the goods in Bombay. As a result, it concluded that penalties under Section 112(a) of the Customs Act could not be imposed on either of the appellants. Consequently, both appeals were allowed, and the penalties imposed on the appellants were set aside. In conclusion, the judgment clarifies the legal principles regarding penalties under the Customs Act in cases of importation and disposal of goods, emphasizing the need for evidence of direct involvement to justify penalties. The decision highlights the importance of proving specific violations and direct actions before imposing penalties on the parties involved in such transactions.
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