2013 (10) TMI 270

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....ohan Rao, DC (AR) ORDER 1. There are two applications in two different appeals being considered in this proceeding, both of which are being considered together because both arise from the same impugned order. 2. The first applicant Shri R.Daniel Raj is a Custom House Agent. The second appellant Shri T.Mariappan is a freight forwarder. The first applicant had filed Shipping Bill No.6446455 dt.2....

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....ere is a penalty of Rs.5 lakhs each imposed on both the applicants under Section 114 (i) and 114 AA of the Customs Act, 1962. Aggrieved by the order, applicants have filed appeals along with application for waiver of pre-deposit of penalty. 4. The counsel for the CHA submits that the CHA has done only such activities as are commonly done by any CHA in export of any consignment. He was not aware o....

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....ctly the container was taken to and what exactly was stuffed in the container. He also pleads that since he had no knowledge that prohibited goods were in the container, penalty imposed on him is not sustainable. Therefore, he prays that his appeal may be admitted without any pre-deposit of penalty adjudged. 6. Opposing the prayer, Ld. AR for Revenue submits that the CHA filed the shipping bill i....

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....s filed they would have in the normal course known who they were. The claim that they did not know the exporter only shows that entire matter was done with the connivance of both the applicants. 7. I have carefully considered the submissions on both sides. Prima facie, this is not a case where the applicants can be held to be not having any knowledge about contents of the container at all. As far....