2009 (7) TMI 1016 - AT - Customs

Penalty Appeals Dismissed for Lack of Justification and Evidence

COMMR. OF CUS., AMRITSAR Versus FRIENDS TRADING CO.

The Tribunal dismissed the Revenue's appeal to impose an additional penalty on the proprietor of M/s. Parker Industries, who utilized DEPB credit, ... - Issues:1. Imposition of penalty on the proprietor of a company who utilized DEPB credit.2. Imposition of penalty on a trading company.Analysis:Issue 1: Imposition of penalty on the proprietor of a company who utilized DEPB creditThe case involved a dispute regarding the imposition of a penalty on the proprietor of a company, M/s. Parker Industries, who utilized the Duty Entitlement Pass Book (DEPB) credit. The Revenue contended that a penalty should be imposed on the proprietor, Shri Rajesh Kumar, in addition to the penalty imposed on the company itself. However, the Respondents argued that once a penalty was imposed on the company, penalizing the proprietor further would be disproportionate and not supported by law. The Tribunal noted that the show-cause notice clearly identified Shri Rajesh Kumar as the proprietor of M/s. Parker Industries. Since a penalty had already been levied against the company, imposing an additional penalty on the proprietor was deemed unnecessary and not legally justified. The Tribunal emphasized that the Revenue's contention lacked legal support, especially considering the substantial penalty already imposed against the duty demand. Therefore, the appeal by the Revenue regarding the imposition of a penalty on the proprietor was dismissed.Issue 2: Imposition of penalty on a trading companyRegarding the imposition of a penalty on Friends Trading Co., it was observed that the order of Adjudication did not mention any penalty specifically imposed on the trading company. The Adjudicating Authority refrained from imposing a penalty on Friends Trading Co., and there was no indication of any intention to penalize the company in the order. The Respondents argued that since there was no dispute or evidence presented by the Revenue to support the imposition of a penalty on Friends Trading Co., such penalty could not be imposed retroactively. The Tribunal highlighted that the absence of any plea or justification for imposing a penalty on the trading company in the past proceedings further supported the dismissal of the Revenue's appeal. Consequently, the Tribunal dismissed the Revenue's appeal regarding the imposition of a penalty on Friends Trading Co.In conclusion, the Tribunal upheld the decision to not impose penalties on the proprietor of M/s. Parker Industries and Friends Trading Co., emphasizing the legal principles of proportionality and the lack of supporting evidence or justification for retroactive penalties in the case.This comprehensive analysis of the judgment covers the issues of penalty imposition on both the proprietor of a company and a trading company, providing detailed insights into the legal reasoning and conclusions reached by the Tribunal.