2007 (6) TMI 365 - AT - Customs

Customs Tribunal overturns penalty on CHA for alleged collusion and abetment in undervaluation case.

The Tribunal set aside the penalty imposed on the Customs House Agent (CHA) under Section 112(a) of the Customs Act for alleged collusion and abetment in ... Penalty on Customs House Agent Issues involved: Imposition of penalty on Customs House Agent (CHA) under Section 112(a) of the Customs Act for alleged collusion and abetment in undervaluation of imported goods.Summary:1. The appeal challenged the penalty imposed on the CHA under Section 112(a) of the Customs Act based on the allegation of collusion in undervaluation. The Commissioner found justification for the penalty based on the importer's statement implicating the CHA's knowledge of undervaluation. 2. During the hearing, the appellant argued that specific evidence of collusion and abetment was lacking, emphasizing that mere knowledge of undervaluation is not enough to impose a penalty unless the CHA gained from the transaction. The appellant's denial of collusion and the lack of incriminating evidence led to the submission that the penalty was unjustified and should be set aside.3. The Revenue contended that the CHA's awareness of the value of similar goods imported elsewhere implicated him in the undervaluation case. However, the Tribunal noted the absence of substantial evidence linking the CHA to collusion or abetment in undervaluation, emphasizing the need for the Revenue to establish such acts.4. The Tribunal highlighted that the importer's contradictory statements and lack of concrete evidence of collusion or abetment by the CHA rendered the penalty unjustified. Referring to legal precedents, the Tribunal emphasized the necessity of proving collusion for imposing penalties on CHAs. As the Revenue failed to substantiate the allegations, the penalty on the CHA was set aside, and the appeal was allowed.