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2015 (9) TMI 867 - CESTAT AHMEDABAD

2015 (9) TMI 867 - CESTAT AHMEDABAD - TMI - Whether penalty can be imposed upon the importer for some misdeeds of the employee of their clearing agent during customs clearance of their imported goods - Held that:- Respectfully following the ratio laid down by this Bench [2014 (4) TMI 381 - CESTAT AHMEDABAD], I hold that the present appeal filed by the Revenue is required to be rejected. - Decided against Revenue. - Appeal No. : C/13094/2014 - ORDER No. A/10800 / 2015 - Dated:- 12-6-2015 - Mr. H. .....

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y action committed by the agent has to be treated as an action preformed by the Respondent. It was his case that penalty was required to imposed upon the Respondent. The Authorised Representative for Revenue firmly argued that the order passed by the First Appellant Authority should be set aside and the order passed by the Adjudicating Authority should be upheld. 3. Shri Manish Jain, Advocate, appearing on behalf of the respondent argued that this issue of imposition of penalty has been decided .....

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hemicals Ltd and Others Vs CC Kandla where as per Order No. A/10516-10535/2014 dated 4.4.2014 under similar circumstances following observations have been made by this Bench with respect to the penalties imposed upon the importers, Para 12 of the order dt 4.4.2014 are reproduced below: 12. I take up the cases of importers on whom the penalties have been imposed. It is the finding of the Adjudicating Authority that the importers and the individuals connected with the importers need to be visited .....

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