BHUMISH SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant assails the order of the Tribunal imposing penalty under Section 112(a) of the Customs Act, 1962.

(2.) The learned counsel for the Appellant submits that the following substantial questions of law arises.

(3.) The learned counsel strenuously contends that the Appellant was neither the importer nor in any way concerned with the actual transaction. The Appellant was only intending agent. The Appellant in no way was concerned with fixation of the price. The learned counsel submits that by no stretch the Appellant could have been imposed penalty under Section 112(a). The learned counsel further submits that the provisions of the statute could not have been invoked to fasten penalty liability against the Appellant. The finding arrived that the Appellant was a key persons and mastermind is perverse.