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2011 (6) TMI 639 - AT - CustomsPenalty - Appeals are being decided one from IDBI Bank Ltd. and another from Shri Ravinder Rajurkar an employee of the said Bank - fraudulent exports - adjudication order imposed a penalty of Rs. 5.00 lakhs on IDBI Bank Ltd. and Rs. 5.00 lakhs on Shri Ravinder Rajurkar under Section 114 of the Customs Act - There is no evidence forthcoming that Shri Ravinder had handled the impugned goods or even handled documents about which he was aware that they related to goods liable to confiscation under Section 113 of the Customs Act, penalty imposed on Shri Ravinder under Section 114 of the Customs Act is not maintainable - liability of IDBI Bank arises basically from the negligence of Shri Ravinder – Held that:- United Western Bank which was taken over by IDBI did not handle the goods. It is submitted that the banking transactions relating to the export goods were carried out in the normal course of business without any mens rea. It is also argued that the liability of IDBI Bank is further remote because the offence if any was committed by United Western Bank which they took over. It is argued that a company taking over another company cannot be held liable for the offence committed by the company taken over, arguments raised on behalf of IDBI are valid arguments. Further considering that we are setting aside penalty on Shri Ravinder, penalty on IDBI Bank is not maintainable, Misc. Application requesting for early hearing and the two appeals are allowed, penalties imposed on these two appellants in the impugned order are set aside
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