2013 (11) TMI 336 - AT - Customs

Appellate Tribunal directs 50% predeposit for Customs Act penalty, stresses compliance and accountability

Shri Khaja Mainuddin Yusufji Versus The Commissioner of Customs, Bangalore

The Appellate Tribunal CESTAT BANGALORE directed the appellant to predeposit 50% of a penalty of Rs. 5,00,000 imposed under Section 114 of the Customs Act ... Confiscation of currency - Penalty u/s 114 - Held that:- It is not in dispute that Mr. Fazal Akrami has been found to have abetted the offence committed by the present appellant. The abettor was required to predeposit 50% of the penalty. The main offender can therefore be directed to predeposit a higher amount. However, after considering the submissions of both sides, we are of the view that the appellant should predeposit only 50% of the penalty imposed on him - Stay denied. Issues: Penalty under Section 114 of the Customs Act, waiver and stay application, confiscation of Indian currencies, abetment of offense, predeposit requirements.In this judgment by the Appellate Tribunal CESTAT BANGALORE, the appellant sought waiver and stay regarding a penalty of Rs. 5,00,000 imposed under Section 114 of the Customs Act in relation to the confiscation of Indian currencies amounting to over Rs. 73,00,000. The adjudicating authority had confiscated the currencies under Section 113 of the Customs Act. The Tribunal noted that a previous case involving an abettor, Mr. Fazal Akrami, who was found to have abetted the offense committed by the present appellant, had resulted in a directive for the abettor to predeposit 50% of the penalty. Considering this, the Tribunal decided that the appellant should also predeposit 50% of the penalty within six weeks and report compliance to the Dy. Registrar. The waiver and stay of the balance amount of penalty were subject to this deposit and compliance.The judgment highlights the importance of predeposit requirements in cases of penalties under the Customs Act, drawing parallels between the present appellant and a previous abettor. By mandating a 50% predeposit, the Tribunal aims to ensure compliance and accountability while considering the circumstances of the case. The decision reflects a balance between penalizing the offender and providing an opportunity for mitigation through the predeposit mechanism. The Tribunal's approach underscores the significance of following established procedures and guidelines in matters of penalty imposition and waiver applications under the Customs Act.