2022 (4) TMI 212 - AT - Customs

Tribunal rules in favor of appellant in Customs Act case, overturning penalties.

Pawan Munjal Versus Commissioner of Customs, New Delhi

Pawan Munjal Versus Commissioner of Customs, New Delhi - TMI Issues Involved:1. Whether the appellant can be considered a 'beneficial owner' under Section 2(3A) of the Customs Act, 1962.2. The applicability of penalties and fines under Sections 114(i) and 125 of the Customs Act, 1962.3. The maintainability of the appeal under Section 129A of the Customs Act, 1962.Issue-Wise Detailed Analysis:1. Beneficial Owner under Section 2(3A) of the Customs Act, 1962:The appellant, Chairman, CEO, and Managing Director of Hero MotoCorp Limited (HMC), was alleged to be the 'beneficial owner' of foreign currency seized from an employee of M/s Salt Experience and Management Pvt. Ltd. (SEMPL). The Commissioner of Customs (Appeals) modified the Additional Commissioner's order, imposing penalties and fines on the appellant by treating him as a 'beneficial owner' under Section 2(3A) of the Customs Act.The appellant argued that the foreign currency was managed by SEMPL for corporate events and not for his personal use. The Additional Commissioner had previously dropped proceedings against the appellant, stating that the appellant was unaware of the currency being carried by SEMPL's employee, Amit Bali, and that HMC was merely a recipient of services from SEMPL.The Tribunal reviewed various statements recorded under Section 108 of the Customs Act, including those of Amit Bali, Hemant Dahiya (Director of SEMPL), K.R. Raman (Finance Head of SEMPL), and the appellant. It concluded that the foreign currency belonged to SEMPL and was intended for corporate expenses related to events organized by HMC. The Tribunal found that the concept of 'beneficial owner' was misapplied by the Commissioner (Appeals) as the actual owner of the currency was identified as SEMPL.2. Applicability of Penalties and Fines:The Commissioner (Appeals) had imposed penalties and fines on the appellant under Sections 114(i) and 125 of the Customs Act, 1962, by treating him as the 'beneficial owner' of the seized foreign currency. The Tribunal, however, found that the foreign currency was intended for corporate expenses managed by SEMPL and not for the appellant's personal use. The Tribunal held that the penalties and fines were wrongly imposed based on conjectures and surmises.3. Maintainability of Appeal under Section 129A:The department argued that the appeal was not maintainable under Section 129A of the Customs Act, as the issue related to the export of baggage. The Tribunal examined the relevant provisions and previous judgments, including those from the Calcutta High Court and the Ahmedabad Bench of the Tribunal. It concluded that the appeal was maintainable, as the seized foreign currency was considered 'goods' and not 'baggage.'Conclusion:The Tribunal set aside the order dated 30.07.2021 passed by the Commissioner of Customs (Appeals), concluding that the appellant was not a 'beneficial owner' under Section 2(3A) of the Customs Act. The penalties and fines imposed on the appellant were also set aside, and the appeal was allowed.