9911796707
TMI Blog2017 (11) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Section 111(f)(i)(j) and (l) of the Customs Act, confiscation of Brass Scrap "Honey" weighing 14821.70 kg imported under Bill of Entry No. 108644 dated 16.03.2001 in terms of Section 111(m) of the Aet and imposition of fine of Rs. 3,00,000/- (Rupees Three Lakhs only) under Section 125 of the Act in lieu of the confiscation of the Brass Scrap and also imposed penalty of Rs. 10,00,000/- (Rupees Ten Lakhs only) on M/s. Jerry Merry Exports Pvt. Ltd. under Section 112(a) of the Act and further imposition of fine of Rs. 1,00,000/- (Rupees One Lakh only) on Shri Rajagopalan Nair, Director of the Company. The Commissioner has also imposed penalty on CHA M/s. Motherland Shipping Services to the tune of Rs. 1,00,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Laboratory, Hyderabad for testing/detailed analysis. All the three laboratories reported that the metal was Tin with purity above 90%. On this basis, further investigations were made into the subject import, wherein statements of some directors of the company, partners of M/s. Motherland Shipping Services (P.V. George and P.V. Joseph) labourers employed for the de-stuffing work, an employee of the Trident Hotel, Cochin two clerks of the Custom House Agent, the Marketing Executive of M/s. Sanvi Shipping Pvt. Ltd. and a few others were recorded under Section 108 of the Customs Act. These statements, by and large, pointed towards the involvement of one Shri Sandeep Chopra as kingpin of the clandestine importation of tin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e implicating the appellant has been produced by the Department. Further the counsel appearing for the two employees of the CHA also submitted that the employees of the CHA have been imposed penalty of Rs. 50,000/- (Rupees Fifty Thousand) each without any basis. He further submitted that the appellant were not received the notice of hearing and the penalty has been imposed without following the principles of natural justice. He further submitted that the impugned order is against the judgment of the Hon'ble High Court of Kerala wherein the High Court has said that there cannot be any adjudication against an employee of a CHA. He further submitted that no evidence has been brought on record showing any involvement of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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