TMI Blog2007 (11) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... ker wrote to Shipping Line to load without consulting CHA - CHA filed shipping bill without completing the formalities – Exporter not made genuine attempt to stop export - so Confiscation & Penalty on exporter, freight broker & CHA is justified - C/228, 363, 415/2007 - A/1626-1628/2007-WZB/C-IV(SMB), - Dated:- 29-11-2007 - M Jyoti Balasundaram, Vice-President [Order]. - 1. Vide the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the vessel had sailed, to the CHA requesting to hold the shipment and not to take out of charge, of shipping bill from Customs until further order, because of discrepancy with their buyers. The Commissioner has treated this as an after thought and finds that if the letter had been faxed on 9-8-06 itself, the CHA would have perhaps not handed over the containers to NSICT Port on the same day. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be loaded on any conveyance without the permission of the proper officer. The provisions of Sec.33 had been contravened as the export goods have not been established to have been loaded at a place other than a place aporoved under Sec.8(a) for loading or unloading of such goods. However, the provisions of Sec. 34 stands contravened as the export goods were loaded on to the vessel without supervis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Customs till further order, was faxed only on 24-8-06 i.e. after the ship was sailed and the Shipping Line started asking for shipping bill with 'Let Export Order'. Such omission, has rendered the goods liable to confiscation and therefore, penalty has rightly been imposed upon the exporter. However, having regard to the facts and circumstances of the case, I reduce the penalty on the exporter t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
