2004 (6) TMI 572 - AT - Customs

Summary

Issues:
1. Penalty imposed on Shri Dilip Chandulal Shah under Section 112(a) of the Customs Act for abetment of evasion of customs duty.
2. Penalty imposed on Shri Naresh Raichura under Section 112(a) of the Customs Act for involvement in mis-declaration of goods liable to confiscation.

Analysis:
1. Shri Dilip Chandulal Shah's Appeal:
- The penalty was imposed on Shri Shah for his role in abetting the evasion of customs duty through mis-declaration of goods imported by M/s. Varun International Trading Corporation.
- The Commissioner found Shri Shah guilty based on evidence that he orchestrated the importation process, including opening a bank account under false pretenses and providing false invoices to facilitate duty evasion.
- Shri Shah argued that he cannot be held responsible as M/s. Varun International was the importer and Shri Sood was the Proprietor responsible for customs declarations. He also contested the conspiracy charge.
- The Tribunal upheld the penalty, noting Shri Shah's active involvement in the importation process, arranging vital documents for mis-declaration, and his established role as an abettor under Section 112 of the Customs Act.

2. Shri Naresh Raichura's Appeal:
- Raichura was penalized for his involvement in facilitating mis-declaration of goods, despite not directly making declarations to customs.
- The evidence showed Raichura's active role in mediating between parties, conveying instructions related to the consignment, and providing information that aided in the mis-declaration.
- Raichura argued that his actions, such as providing non-confidential price information and introducing individuals, did not constitute an offense under the Customs Act.
- The Tribunal found the Commissioner's findings vague, lacking a clear determination of Raichura's guilt in committing, omitting, or abetting acts leading to confiscation. As a result, the penalty on Raichura was deemed unsustainable and his appeal was allowed with consequential relief.

In conclusion, both appeals were considered, and the penalty on Shri Dilip Chandulal Shah was upheld, while the penalty on Shri Naresh Raichura was overturned due to insufficient clarity in establishing his culpability under Section 112(a) of the Customs Act.