2009 (12) TMI 779 - AT - Customs

Shipping line penalized for breaching customs law, penalty reduced based on compliance post-breach.

The shipping line was penalized for loading containers on a vessel without proper documentation, breaching customs law. The Member reduced the penalty ... - Issues:Violation of customs law by loading container on vessel without shipping bills and LEO; Excessive penalty imposed on shipping line.Analysis:The appeal was filed by a shipping line accused of loading containers on a vessel without shipping bills and LEO, violating Section 40 of the Customs Act, 1962. The appellant argued that they acted on the directions of the CHA and exporter, who instructed them to load the goods on a specific vessel. The adjudicating authority had exonerated the exporter and CHA, imposing penalties solely on the shipping line. The appellant contended that the penalty was excessive and requested leniency in its quantum. Conversely, the SDR supported the penalty, citing similar cases where penalties were upheld. The Member found that the shipping line failed in its duty to load containers with proper documentation under Customs supervision, thus breaching customs law and warranting a penalty. The key consideration was determining the appropriate penalty amount.In a significant reference, the Member cited a case involving M/s. CSAV Group Agencies (India) Pvt. Ltd. v. Union of India, where the High Court of Bombay reduced a penalty for a technical breach from Rs. 5 lakhs to Rs. 2 lakhs. Drawing parallels, the Member noted that the shipping line eventually obtained the necessary shipping bills and LEO. Following the High Court's precedent, the Member reduced the penalty imposed on the shipping line to Rs. 2 lakhs. The decision to lower the penalty was based on the principle established in the referenced case, acknowledging the technical nature of the breach and the subsequent compliance by the shipping line. Consequently, the appeal was partly allowed, providing consequential relief to the shipping line.