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of <h1>Waiver of penalty granted to Money Changers for abetting smuggling; importance of identity verification highlighted</h1> <h3>ROSE TRAVELS Versus COMMISSIONER OF CUSTOMS (ACC), MUMBAI</h3> ROSE TRAVELS Versus COMMISSIONER OF CUSTOMS (ACC), MUMBAI - 2006 (209) E.L.T. 89 (Tri. - Mumbai) Issues:Waiver of pre-deposit of penalty under Section 114(i) of the Customs Act, 1962 for abetting smuggling of foreign currency by Full-fledged Money Changers.Analysis:The judgment by the Appellate Tribunal CESTAT, Mumbai addressed the applications for waiver of pre-deposit of penalty of Rs. 50,000 each imposed on the applicants for abetting smuggling of foreign currency by one individual. The penalty was imposed under Section 114(i) of the Customs Act, 1962. The Commissioner's findings regarding the penalty on the two Full-fledged Money Changers, M/s. Wall Street Finance Ltd. and M/s. Rose Travels, were discussed. The Commissioner found that TCs worth US$ 10,500 issued by Rose Travels were found on the person who was intercepted, but two persons could not be traced, one had expired, and the fourth person denied purchasing any TCs. Regarding Wall Street Finance Ltd., discrepancies in the signature of the individual to whom TCs were purportedly issued were noted. The Tribunal observed that the Money Changers did not properly verify the identity of the individuals purchasing TCs by comparing signatures on passports with those on cash memos. While signatures of passengers matched in the case of Rose Travels, no such comparison was made for Wall Street Finance Ltd. The Tribunal concluded that a prima facie case for waiver of pre-deposit of penalty was established for both applicants due to the lack of proper verification procedures by the Money Changers.The Tribunal emphasized the importance of verifying the identity of individuals purchasing TCs by comparing signatures on passports with those on cash memos. It was noted that in the case of Rose Travels, the signatures of passengers matched those on their passports, indicating proper verification. However, for Wall Street Finance Ltd., discrepancies in signatures raised doubts about the verification process. The Tribunal highlighted that merely finding differences in signatures between statements and cash memos was not sufficient to prove lack of verification by the Money Changers. The decision to waive pre-deposit of the penalty was based on the Tribunal's assessment that a prima facie case had been established due to the inadequate verification procedures followed by the Money Changers. The Tribunal's ruling focused on the importance of thorough verification processes to prevent abetting smuggling activities and ensure compliance with the Customs Act, 1962.In conclusion, the judgment by the Appellate Tribunal CESTAT, Mumbai granted the waiver of pre-deposit of penalty for the Full-fledged Money Changers involved in abetting smuggling of foreign currency. The decision was based on the Tribunal's assessment that a prima facie case for waiver had been established due to the lack of proper verification procedures followed by the Money Changers. The ruling underscored the significance of verifying the identity of individuals purchasing TCs by comparing signatures on passports with those on cash memos to prevent smuggling activities and uphold the provisions of the Customs Act, 1962.
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