https://www.taxtmi.com/caselaws?id=2625 The Tribunal set aside the penalty imposed under Section 116(a) of the Customs Act, 1962, amounting to Rs. 5,50,305 for a shortfall of 532.777 MT of Yellow Peas discharged from a vessel. The appellants, acting as the vessel agent, successfully argued that the shortage fell within the tolerance limit allowed for manifested quantities. Emphasizing the commonality of errors in draft surveys, the Tribunal ruled that a 1.25% shortage in bulk cargo is not abnormal. The judgment on 31-7-2007 favored the appellants, highlighting the need for an objective assessment of shortages to determine penalty liability accurately. en-us Tue, 31 Jul 2007 00:00:00 +0530 Wed, 16 Apr 2008 09:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2625 The Tribunal set aside the penalty imposed under Section 116(a) of the Customs Act, 1962, amounting to Rs. 5,50,305 for a shortfall of 532.777 MT of Yellow Peas discharged from a vessel. The appellants, acting as the vessel agent, successfully argued that the shortage fell within the tolerance limit allowed for manifested quantities. Emphasizing the commonality of errors in draft surveys, the Tribunal ruled that a 1.25% shortage in bulk cargo is not abnormal. The judgment on 31-7-2007 favored the appellants, highlighting the need for an objective assessment of shortages to determine penalty liability accurately. Case-Laws Customs Tue, 31 Jul 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2625