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2016 (3) TMI 6 - CESTAT MUMBAI

2016 (3) TMI 6 - CESTAT MUMBAI - 2016 (334) E.L.T. 695 (Tri. - Mumbai) - Imposition of penalty on CHA- Indulging with importers in undervaluation- Importers approached Settlement Commission directly for settlement of dispute and Settlement Commission allowed the settlement- Appellant only acting as CHA did not approached Settlement Commission because of no information- Held that: By relying on the decision taken by the Mumbai Tribunal in case of S.K. Colombowala 2007 (7)TMI 514 - CESTAT, MUMBAI, .....

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ashasvini Chandra, Advocate For the Respondent : Shri Chatru Singh, Assistant Commissioner (AR) ORDER The present appeal is directed against the order of the Commissioner dated 5.11.2012 imposing a penalty of ₹ 20,000/- on the appellant who is a Custom House Agent (CHA), on the3 ground that they have aided and abetted the importer in indulging in undervaluation while presenting the bill of entry. 2. Briefly the facts of the present case are that searches were conducted on the premises of a .....

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ettlement of their dispute and the Settlement Commission allowed the settlement, but the appellant who had no knowledge about the settlement proceedings going on, did not approach the Settlement Commission and moreover they were acting as a CHA and in the normal course of their duties, they filed the bill of entry without any extra monetary consideration and without having any knowledge regarding the undervaluation done by the importers. 3. The learned counsel for the appellant submitted that in .....

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