Whether penalties and confiscation of goods are justified ...

Customs broker saved from penalties by amending bills after fictitious importer exposed.

Case Laws     Customs

November 28, 2024

Whether penalties and confiscation of goods are justified against the Appellant (customs broker) and its proprietor for facilitating imports by a non-existent entity (M/s Blazeing Star Trade Pvt. Ltd.) under an Advance Authorization. The key points are: The Appellant entered into a High Sea Sales agreement with Blazeing Star, who imported PVC resin under Advance Authorization. After investigation revealed Blazeing Star was fictitious, the Appellant requested to cancel the agreement and amend the Bills of Entry, which was allowed by the authorities u/s 149. The goods were released after payment of duty without the Advance Authorization benefit. The Tribunal held that after allowing the amendment, there was no ground for confiscation or penalties as there were no misdeclarations or discrepancies in the amended Bills of Entry. The Appellant had paid the entire duty and interest before the show cause notice, indicating bona fide intention. No evidence was presented to show the Appellant abetted or was aware of Blazeing Star's fictitious nature. The penalties u/ss 112(a)(ii), 114AA, and 117 were held unjustified as the necessary ingredients, such as mens rea, false declarations, or abetment, were not established against the Appellant.

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