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of <h1>Customs Act penalties upheld, reduced for fraudulent transactions.</h1> <h3>S.K. Maheshwari & Shree Bhim Sen Singh Versus Commissioner of Customs (EP) Mumbai</h3> The court upheld penalties under Section 114 of the Customs Act, 1962, against the appellants for fraudulent transactions involving misdeclaration of ... - Issues involved: Appeal against Order-in-Original CAO No: 111/2003/CAC/CC/SK dated 26/12/2003 passed by the Commissioner of Customs (Export Promotion), New Custom House, Mumbai.Facts and Considerations:- M/s. Balaji Traders filed shipping bills for export of cotton P/L ladies blouse, tops with inflated values.- Examination revealed old and used goods with incorrect descriptions.- Statements of involved parties confirmed fraudulent activities.- Show cause notice issued proposing confiscation and penalties.- Penalties imposed under Section 114 of the Customs Act, 1962.- Appellants claim innocence based on lack of knowledge and good faith.Appellants' Arguments:- Appellants claim innocence based on lack of knowledge and good faith.- Shri Maheshwari acted based on friendship and lack of awareness.- Bhim Sen Singh accepted work based on recommendation and lack of mala fide intent.Revenue's Position:- Revenue asserts appellants were aware of fraudulent nature of transactions.- Maheshwari impersonated as exporter and aided fraudulent activities.- CHA failed to disclose impersonation and participated in fraudulent transaction.Judgment:- Transactions deemed fraudulent with misdeclaration of goods and inflated values.- CHA aware of overvaluation and failed to disclose impersonation.- Maheshwari impersonated as exporter and failed to reveal true parties.- Penalties upheld but reduced due to individuals' limited involvement.- Penalties reduced to &8377; 1.5 lakhs for Maheshwari and &8377; 30,000 for Bhim Sen Singh.Disposition:- Penalties reduced for appellants due to limited involvement.- Lower authorities' orders upheld with modifications.- Appeals disposed of with reduced penalties for appellants.
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