9911796707
TMI Blog2008 (3) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri S.N. Kantawala, Advocate, for the Appellant. Shri N.A. Sayed, JDR, for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - These two appeals are directed against the Order-in-Original No. CAO/376/CAC/CC-MCT, dated 23-11-2001. 2. The appellant company had imported a consignment of Slack Wax and cleared the same after filing Bill of Entry. Subsequently, on specific information, the premises where the said consignment was stored was raided and it was found that the appellant company was smuggling Vitamin 'C' in the garb of Slack Wax. The investigations were conducted and statements were recorded of various persons. On the conclusion of the investigation the Customs Authorities issued show cause notice dated 1-3-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/- (Rupees One lakh only) each on Shri Jagivanlal Thakur and Shri Sunil Jadhav. Shri Sunil Jadhav is debarred for trarsacting any CHA business/working for any CHA for one year and his Custom Pass may be suspended accordingly as per CHALR' 84 and is cautioned that any repeat offence will render him unfit for employment permanently". The current appellant i.e. Om Enterprises and Shri Sunil Jadhav are in appeal against the penalties imposed on them. 3. The ld. Counsel appearing on behalf of the appellants submits that the appellant M/s. Om Enterprises were not aware that the said consignment which was imported in their name was having smuggled Vitamin 'C'. It is his submission that the entire activity i.e. planning and importing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of person before agreeing to lend their name for importing of goods. It is also noticed from the order-in-original that the Proprietoress of said M/s. Om Enterprises was not aware that there is going to be smuggling of Vitamin 'C'. In view of these facts and circumstances, we are of the view that the penalty imposed on the said M/s. Om Enterprises is excessive and hence is reduced to Rs. 10,000/- (Rupees ten thousand only). 6. As regards the penalty imposed on the CHA, we find that the CHA being a regular person who is handling the Customs clearance should have had knowledge, and verified the antecedents of the people who wanted to import slack wax in the name of the firm. He having not done so and having helped to clear the consignmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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