The key points are: misdeclaration of goods by the importer ...

Importer's misdeclaration doesn't make Customs Agent vicariously liable for penalty; active illegal act required.

Case Laws     Customs

September 23, 2024

The key points are: misdeclaration of goods by the importer cannot render the Customs House Agent (CHA) vicariously liable for penalty u/s 112(a) of the Customs Act 1962. To impose penalty, there must be a positive act or omission by the CHA rendering the goods liable for confiscation. Mere abetment by the CHA's employees is insufficient without evidence of illegal acts. The Tribunal's decision in Rajesh Maikhuri's case supports this view. Consequently, the penalty imposed on the appellant CHA is unsustainable and set aside.

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