2015 (2) TMI 690

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....i Joy Francis, Dy. Manager M/s. Cosco (India) Shipping Pvt. Ltd. under Section 112 (a) of the Customs Act, 1962. The fact of the case is that on matter of import of 'Heavy Melting Scrap' by M/s. Crescent Export shipping Agency, M/s. Cosco (India) Shipping Pvt filed IGM No. 017370 dated 24/12/2004. Mumbai Port Trust asked the importer to take delivery of consignment 376.23 MT 'Heavy Melting Scrap'. Since the importer did not come forward to take delivery of the consignment it remained un-cleared. The importer vide letter dated 23/05/2006 informed Mumbai Port Trust that the said consignment does not belong to them. Thus, the consignment was put up for auction and the same was purchased by M/s. Pranav Steel Corporation, Mumbai ....

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....y Metal Scrap would invite panel action against shipping line. It was also contended that M/s. Cosco (India) Shipping Pvt. Kept in dark the law enforcing agency by not informing them about the arrival of impugned consignment to avoid action and thus by their act of omission and commission for rendered them liable for panel action under section 112(a) of Customs Act, 1962. As regard the charges on Shri Joy Francis in the show cause notice alleged that he shown gross negligence in handling such dangerous cargo and aided and abetted the import of impugned goods. In the adjudication order dated 13/1/2011 penalties were imposed upon both appellants under section 112(a) of Customs Act, 1962. Aggrieved of the said order, both the appellants filed ....

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.... submits that as against consignments valued Rs. 42 lakhs approximately, penalty imposed is only to the extent Rs. 1 lakh and Rs. 50,000/- on the both the appellants. He refers to section 30(2) of the Customs Act, 1962 regarding the responsibility of the shipping agent to provide correct and true information of import consignments. 4. I have carefully considered the submissions made by both the sides. 5. In the facts and circumstances of the case as discussed above, there is no dispute that appellant have not verified the correctness of the inspection report which was supposed to be issued by M/s Moody International Certification (India), which is specified agency as provided under the Handbook of Procedure, 2009. However, inspection ....