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of <h1>Tribunal overturns penalty in Customs Act case due to notice error. Appellant not liable.</h1> <h3>PRABHAS CHANDRA BISWAS Versus COMMR. OF CUS. (PREVENTIVE), KOLKATA</h3> PRABHAS CHANDRA BISWAS Versus COMMR. OF CUS. (PREVENTIVE), KOLKATA - 2012 (282) E.L.T. 456 (Tri. - Kolkata) Issues:Penalty imposed under Section 117 of the Customs Act, 1962 for contravention of provisions of Section 50(2) and Section 75 without specifying contravened provisions in the show cause notice.Analysis:The Appellant filed an Appeal against the penalty imposed under Section 117 of the Customs Act, 1962 for contravention of provisions of Section 50(2) and Section 75 without clear specification in the show cause notice. The Commissioner had penalized the Appellant for allowing clearance of goods for exportation, alleging involvement in abetting duty drawback fraud. However, the Appellant argued that he was responsible for documentation, not physical examination of goods. The Tribunal noted that the show cause notice did not specify the contravened provisions, rendering the penalty beyond its scope. The relevant provisions of Section 50(2) were examined, clarifying they pertain to documentation, not physical examination. The Tribunal found no evidence of collusion between the Appellant and the exporter, citing a previous case where lack of evidence led to dismissal of appeals. Consequently, the Tribunal set aside the penalty, deeming it unsustainable based on lack of evidence and improper specification in the show cause notice.This detailed analysis of the judgment highlights the key issues, arguments presented by the parties, relevant legal provisions, and the Tribunal's reasoning leading to the decision to set aside the penalty imposed on the Appellant.
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