2023 (5) TMI 937 - AT - Customs

Levy of penalty u/s 112 (a) and 112 (b) of the Customs Act, 1962 - import by misdeclaration of description and value of the consignments using the IEC registered in the name of other person and shell companies - HELD THAT:- The statement of the appellant recorded during the course of investigation perused. From going through the said statement, it is clear that the importer could not have contacted to seek help of the appellant for clearance of the said consignment and the appellant also visited to Kolkata. Therefore, after meeting with the concerned person and knowing that there is a DRI alert, the appellant informed the importer that he could not do anything and further told that if it was known to him that there is a DRI alert, the appellant could not have come to Kolkata also. This part of the statement has not been denied by the Revenue and no other statement or evidence has come on record that the appellant was involved in the clearance of the above said consignments which were mis-declared and under-valued. The act of action of the appellant is only under bonafide belief.

Thus, no penalty is imposable on the appellant. Therefore, the penalty imposed on the appellant is set aside - appeal allowed.