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of <h1>Court rejects petitioner's limitation argument, reduces cargo penalty to Rs. 2 lakhs, directs payment appropriation.</h1> <h3>ANGUS COMPANY LIMITED Versus COLLECTOR OF CUSTOMS, CALCUTTA</h3> ANGUS COMPANY LIMITED Versus COLLECTOR OF CUSTOMS, CALCUTTA - 1988 (38) E.L.T. 20 (Cal.) Issues: Application under Article 226 to rescind a customs order and penalty imposition for shortage in cargo; Barred by limitation contention; Jurisdiction for enhancing penalty; Validity of penalty increase without explanation.In this case, the petitioner, Angus Company Limited, filed an application under Article 226 of the Constitution of India seeking to rescind an order passed by the Deputy Collector of Customs imposing a penalty for a shortage in a consignment of vegetable oil. The petitioner was served with a show cause notice in 1976 regarding the shortfall in the cargo shipped by Lutheran World Relief Inc. to the Food Corporation of India, meant for distribution among the poor in India. The petitioner failed to explain the shortfall and ultimately accepted responsibility for it. The Deputy Collector imposed a penalty of Rs. 2 lakhs, which was challenged by the petitioner through a writ petition. The court directed the petitioner to deposit the penalty amount, leading to a rehearing by the Customs Authorities.Subsequently, the Deputy Collector, after a hearing, upheld the penalty order, stating that the petitioner was liable to pay penalties under Section 116 of the Customs Act for failing to explain the shortage satisfactorily. The petitioner's counsel contended that the proceedings were time-barred, arguing that the order could not be made against the client after ten years. However, the court rejected this contention, noting that the commencement of the proceedings was within a reasonable time and that there was no prescribed time limit for concluding the proceedings. The court also highlighted that the petitioner had been seeking extensions of time from 1976 to 1979.Another argument raised was regarding the jurisdiction for enhancing the penalty from Rs. 2 lakhs to Rs. 2 lakhs 50 thousand without proper explanation. The court found that the impugned order lacked reasoning for the penalty increase and failed to provide any basis or foundation for the decision. The petitioner's counsel emphasized the need for a speaking order explaining the rationale behind the penalty adjustment. As a result, the court quashed the penalty increase, reverting the penalty amount to Rs. 2 lakhs instead of Rs. 2,50,000. The court directed the amount already paid to be appropriated towards the penalty, eliminating any further demand for the additional sum of Rs. 50,000.Ultimately, the court held that the penalty increase was unjustified due to the lack of reasoning provided in the impugned order, and each party was ordered to bear its own costs in the matter.
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