2000 (9) TMI 785 - AT - Customs

Summary

The Appellate Tribunal CEGAT, Kolkata imposed a penalty of Rs. 1.00 lakh each on Shri Balkishan Khaitan, Shri Jagdish Prasad Khaitan, and M/s. Chaturbhuj Overseas Agency, and Rs. 10,000.00 on M/s. Nepa Agency & Co. Pvt. Ltd. The penalty on M/s. Chaturbhuj Overseas Agency was for working as an Indian Agent of a fictitious firm of Nepal for misdeclared import cargo. However, no evidence of active involvement in misdeclaration was found against them. The personal penalty on the Khaitans was deemed unjustified. The clearing agent was found to have acted based on provided documents without evidence of active involvement in misdeclaration. Stay Petitions were unconditionally allowed, and main appeals were scheduled for 6-11-2000.