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of <h1>Tribunal Upholds Penalty for Short Landing Milk Powder, Reduces Amount to Deter Offenses</h1> <h3>SHIPPING CORPORATION OF INDIA LTD. Versus COLLECTOR OF CUSTOMS</h3> SHIPPING CORPORATION OF INDIA LTD. Versus COLLECTOR OF CUSTOMS - 1991 (52) E.L.T. 637 (Tribunal) Issues:- Imposition of penalty under Section 116 of the Customs Act, 1962- Exemption from duty based on the fat content of imported milk powder- Interpretation of Section 116 in relation to duty-free goods- Justifiability of penalty in cases of duty exemptionAnalysis:The judgment pertains to a case where the appellant, a government undertaking acting as a steamer agent, was penalized for the short landing of 243 bags of Fortified Non-fat Dry Milk Powder. The penalty of Rs. 58,035 was imposed by the Appellate Collector, which was confirmed in the revision application transferred to the Tribunal. The appellant contended that the milk powder, with fat content less than 4%, was eligible for duty exemption under a relevant customs notification, citing a government order in support of their claim.The Respondent, represented by the learned SDR, argued that no proof was provided to establish the fat content of the milk powder as less than 4%, thereby justifying the penalty. The Tribunal considered the arguments from both sides and acknowledged the government's view that penalties should not be imposed on goods exempted from duty. However, a decision of the Calcutta High Court was cited, emphasizing that Section 116 of the Customs Act applies to short landing of imported cargo, irrespective of duty liability.The Tribunal concluded that the penalty under Section 116 can be imposed regardless of duty liability, with the objective being not only to compensate the government but also to deter similar offenses and safeguard revenue collection. While upholding the imposition of the penalty, the Tribunal deemed the original amount excessive and reduced it to Rs. 20,000, considering the circumstances. Consequently, the appeal was dismissed, subject to the modified penalty amount.
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