2014 (11) TMI 660 - HC - Customs

Court affirms penalty for exporting misdeclared goods under Customs Act despite appellant's innocence claim.

Vineet Kumar Saggar Versus Commissioner of Customs

The High Court upheld the penalty of Rs. 1 lac imposed on the appellant under Section 114 of the Customs Act, 1962, for involvement in exporting ... Fraudulent claims of duty drawbacks - Mis declaration of goods - Imposition of penalty u/s 114 - Held that:- Following decision in M/s Contessa Commercial Co. (P) Limited Versus Commissioner of Customs (Preventive) Customs House, Central Revenue Building, the Mall, Amritsar [2014 (11) TMI 298 - PUNJAB AND HARYANA HIGH COURT] - where it was held that charges levelled in the show cause notice stood established against the appellants - Since facts of the case was similar - Therefore, decided against assessee. Issues:Penalty imposition under Section 114 of the Customs Act, 1962.Analysis:The judgment dealt with the imposition of a penalty under Section 114 of the Customs Act, 1962. The appellant, who owned trading firms, was involved in selling material to certain companies through a third party. The Directorate of Revenue Intelligence (DRI) initiated an investigation against several firms for fraudulent duty drawback claims. The investigation revealed that the exported goods were misdeclared and did not match the actual composition. The DRI specifically implicated the appellant for colluding with others in exporting misdeclared goods. The appellant contested the penalty imposition, claiming innocence and providing details of the goods supplied. The adjudicating authority imposed a penalty of Rs. 1 lac under Section 114 of the Act, which was upheld by the Tribunal in the order dated 25.6.2013.The appellant challenged the Tribunal's decision, arguing that the penalty imposition was erroneous. However, the High Court dismissed the appeal, citing a similar decision in a connected case where the penalty imposition was upheld. The High Court's decision to dismiss the appeal was based on the reasoning provided in a previous order passed on 8.9.2014 in a related matter. The dismissal of the appeal was in line with the previous decision, indicating consistency in the approach taken by the Court in such matters.Overall, the judgment focused on the penalty imposition under Section 114 of the Customs Act, 1962, in a case involving misdeclared goods and fraudulent duty drawback claims. The Court upheld the penalty imposed on the appellant, emphasizing the seriousness of such violations and the need for strict enforcement of customs regulations to prevent fraudulent activities in international trade.