1985 (12) TMI 170 - AT - Customs

Tribunal transfers appeal against Customs penalties, partially allows, refunds possible

The Tribunal transferred a revision application originally filed before the Government of India to hear an appeal by M/s. Transworld Shipping Services ... Shortlanding Issues:1. Transfer of revision application to the Tribunal.2. Successorship application by another company.3. Show cause notice for shortlanding against specific items.4. Imposition of penalties by Deputy Collector.5. Appeal against Deputy Collector's order.6. Grounds for appeal regarding specific items.7. Arguments and evidence presented by both parties.8. Decision on penalties for each item.9. Interpretation of documents and certificates.10. Justification for penalties imposed.11. Refund of penalties in part.Analysis:The judgment dealt with the transfer of a revision application to the Tribunal, which was originally filed before the Government of India. The Tribunal heard the appeal of M/s. Transworld Shipping Services against the order-in-appeal by the Collector of Customs. During the appeal, M/s. Samrat Shipping Co. Pvt. Ltd. applied to be included as appellants due to being successors in interest. The Deputy Collector issued a show cause notice for shortlanding against specific items based on outturn reports from the Bombay Port Trust. Penalties were imposed by the Deputy Collector on M/s. Transworld Shipping Services for certain items, leading to an unsuccessful appeal before the Appellate Collector.Regarding specific items, arguments were presented by both parties. For item No. 2, the Tribunal found that the evidence did not conclusively prove the liability of the Steamer Agents for the shortage, leading to the setting aside of the penalty. In the case of item No. 14, discrepancies in the documentation and shortlanding certificates led to the confirmation of the penalty. Similarly, for item No. 24, despite contentions about clearance and delivery, the shortlanding certificate issued by the Bombay Port Trust was deemed valid, upholding the penalty imposed by the Deputy Collector.In the case of item No. 38, evidence provided by the foreign suppliers regarding shortshipment was considered substantial and unimpeachable. The Tribunal accepted this evidence and set aside the penalty imposed by the Deputy Collector. The judgment emphasized the importance of contemporaneous evidence and the genuineness of documents in determining liability for penalties under the Customs Act.Ultimately, the appeal was allowed in part, with penalties for items 2 and 38 being set aside, while penalties for items 14 and 24 were confirmed. Refunds were granted for the penalties imposed on items 2 and 38, if paid, in accordance with the Tribunal's decision.