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2016 (9) TMI 272 - CESTAT MUMBAI

2016 (9) TMI 272 - CESTAT MUMBAI - TMI - Imposition of penalty - Section 114(iii) of Customs Act, 1962 CHA authorization drawback mis-decaration - Indian Woolens Floor Covering Carpet having drawback rate @ 13.30% of the FOB - Durries made of wool and jute having drawback rate @ 9.80% of the FOB Held that: - CHALR has put obligations on the CHA to follow certain procedure laid down in the regulation, which was purposely made to avoid any fraud in the customs clearances. Appellant CHA w .....

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ial) Shri. Anil Balani, Advocate for the Appellants Shri. V.R. Reddy, Asstt. Commissioner(A.R.) for the Respondent ORDER This appeal is filed against impugned order passed by the Commissioner(Appeals) whereby Commissioner(Appeals) upheld the penalty of ₹ 1 lac imposed on the appellant under Section 114(iii) of Customs Act, 1962. 2. The fact of the case is that appellant CHA has handled the exports clearance of goods on behalf of M/s. M.I. Industries. On investigation by the customs it was .....

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aling with the clearance work on behalf of the aforesaid exporter did not obtain authorization. They handled this clearance work on behest of one unauthorized person Shri. Dilip Mishra. For this lapse on the part of the CHA, the show cause notice was issued proposing penalty under Section 114(iii) on Customs Act, 1962 for aiding and abetting fraudulent claim of drawback. In the adjudication order, the adjudicating authority imposed penalty of ₹ 1 lac which was challenged by the appellant b .....

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e offence of fraudulent availment of drawback. He submits that appellant CHA cannot know what is the content of the packages. He generally acts only on the basis of documents, therefore if at all there is any mis-declaration, the appellant is nowhere connected to that. Therefore for mis-declaration on the part of the exporter, CHA cannot be held responsible. He placed reliance on the following judgments: (a) Trinity Forwarders Vs. Commissioner of Customs, Chennai[2005(192) ELT 407(Tri. Chennai)] .....

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