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TMI Blog2008 (10) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ough M/s. Om Suchi Shipping and Logistic (P) Ltd. who acted as a broker for shipping line. Subsequently it was revealed that the shipping line M/s. CSAV Group Agencies loaded the vessel without getting the shipping bill and let export order from Customs authorities. The shipping line M/s. CSAV Group Agencies (I) vide their letter dated 20-3-2007 intimated that the containers stuffed with the said goods were brought to JNPT on 8-9-2006 for export. As per loading instructions and confirmation that shipment was ready for loading and they were waiting for printout from Customs EDI system received from M/s. Om Suchi Shipping and Logistic Pvt. Ltd. (shipping broker) on 9-9-2006, the container was planned and loaded on the vessel and the said vess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for which lapse they cannot be held responsible. The goods were received by customs in sealed container which was sealed by Central Excise authorities and were received by their foreign buyer with the same description and thus there is no violation. No illegal act has been committed by him, as the goods were handed over to CHA for clearance purpose and to the shipping line for shipping purpose and for any omission on the part of CHA and shipping line they cannot be held responsible. They have at all material items followed provisions of Customs Acts and the shipping bills were filed showing correct description. In such circumstances no penalty could have been imposed on him. A penalty is imposable if a person does some act or omits to do so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sailing and therefore it is not practical to wait for shipping bills before loading. In such circumstances the fault was of the exporter or broker who failed to give documents and not theirs. 6. Ld. DR submitted that in this case both the exporter and shipping line were responsible for loading the goods without permission of the proper officer and the exporter cannot wash of his responsibilities in respect of omission done by his agents. The goods cannot be entered in the port without filing shipping bill as required under Section 50 of the Customs Act, 1962 but still the goods were loaded without filing of shipping bill. The vessel was a planned vessel due to sail on 10th September 2006. The goods were brought to Nhava Sheva on 8th evenin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpt to stop the container from loading. A penalty is therefore liable to be imposed on him. A similar view has been taken by the Tribunal in the case of LMJ International (cited supra). 9. As regards the shipping line I find that provisions of Section 33 and 34 have been contravened as the goods have been loaded without proper permission as there is no let export order. It was the primary job of the shipping line to load the goods only with the permission of the proper officer which was not done. I find the attitude of the shipping line is very casual wherein they stated that it is a common practice in the shipping line to load the goods and sail with the goods without proper documents which are later procured. Such attitude is only to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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