2019 (6) TMI 371

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....eal. 2. Briefly the facts of the present case are that the appellant is a Custom Broker based at Cochin. Directorate of Revenue Intelligence has received information that the importer by name M/s. FCI OEN Connectors Ltd. has evaded payment of custom duty by availing irregular exemption from payment of Basic Custom Duty (BCD) in terms of Notification No.25/1999 - Cus. dated 28.2.1999 relating to import of Liquid Crystal Polymers by filing 211 Bills of Entry. Thereafter, investigation was conducted against the importer as well as the present appellant and during the investigation, statements of various persons representing the importer and the appellant were recorded under the provisions of Section 108 of the Customs Act, 1962 and document....

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....ordered for payment of penalty of Rs. 50,000/-. 3. Heard both the parties and perused the records. 4. Learned counsel for the appellant submitted that the impugned order imposing penalty of Rs. 50,000/- is not sustainable in law as the same has been imposed without any basis. He further submitted that the only allegation against the appellant in the show-cause notice is that he has overlooked certain details while filing the Bills of Entry. He further submitted that on the inquiry held by the investigating officer, the appellant was found to have not abetted in mis-declaration and therefore, the suspension of his license was revoked. He further submitted that imposition of penalty without specifying any provision of neither the Custom....