ASHOK CHHABILDAS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of CEGAT, dated 19.1.2001, wherein while confirming the Order-in-Original dated 11.8.1994, the Tribunal has reduced the personal penalty levied against the petitioner Under Section 112(a) of the Customs Act, 1962 from Rs. 10 lakh to Rs. 7.5 lakhs. According to the petitioner, he is not involved in any illegal importation and merely because he had signed some documents in good faith to help his friend Vinodkumar Jatia, the petitioner ought not to be saddled with penalty and in any event, the personal penalty sustained by the Tribunal at Rs. 7.5 lakhs is unduly harsh and excessive.

(2.) Facts having a bearing on the subject matter of the present petition are that two consignments of low carbon mild steel defective sheets/coils weighing 179.860 MTs. and 205.779 MTs. were imported vide vessel 'KRANJ' under two bills of lading both dated 15.9.1989. As per the IGM, the said goods were shipped from Yokohama, Japan and were to be discharged at Mumbai and the consignee shown there in was M/s. Punjab & Sind Bank, Bombay or "To order".

(3.) On 11th December, 1989 two warehousing bills of entry were presented on behalf of M/s. A.V. Impex in respect of the above two consignments. Along with the bills of entry, invoices from the foreign shipper and declaration under Rule 10 of the Customs Valuation Rules, 1988 for both the consignments signed on behalf of M/s. A.V. Impex were furnished. Subsequently, by a letter dated 8.3.1990 M/s. A.V. Impex forwarded 20 transferred REP licences in order to obtain clearance of the aforesaid goods.