Order Nos. 1792-93/98-WZB/C-II arising from in Appeal Nos. E/118/90-Bom and C/119/90-Bom. Case: Bavan Jiva Bharadia Vs Commissioner of Customs, Ahmedabad. Central Information Commission

Case NumberOrder Nos. 1792-93/98-WZB/C-II arising from in Appeal Nos. E/118/90-Bom and C/119/90-Bom
CounselFor Appellant: Shri Bavan J. Bharadia and For Respondents: Shri A.R.S. Kumar, JDR.
JudgesShri Gowri Shankar, Member (T) and G.N. Srinivasan, Member (J)
IssueCustoms Act
Judgement DateJuly 31, 1998
CourtCentral Information Commission


Gowri Shankar, Member (T), (West Zonal Bench At Mumbai)

  1. These two appeals are against the order of the Additional Collector imposing penalty of Rs. 2,000/- imposed on Velji P Sons (Appeal C/119/90) and Rs. 1,000/- on Bhavan Jiva Bhardia (Appeal C/118/90). This appellant was a godown keeper of the first appellant.

  2. Penalties have been imposed because the Additional Collector found that the appellant Velji P Sons, who was and is a Custom House Agent (CHA) had permitted to be stored in his godown a consignment of dry dates and almonds which had been removed from the vessel which brought them from abroad without payment of duty, after being stored in the godown of the Kothari, the importer.

  3. It is the contention of the representative of the CHA that it acted in good faith. He did not clear the goods. Kothary as a regular importer imported the goods. Therefore, it was under the bona fide impression that the goods had been cleared on payment of duty. It is contended that condition to what the Additional Collector has said the goods were entered in the godown register. However, no evidence in support is produced.

  4. It is contended that the other appellant was only a godown keeper and acted on the direction of his employer.

  5. According to the version of the representative of the CHA the total number of consignments of almonds and dates that were cleared through Porbandhar at the relevant did not exceed 30 per year. This appellant was not in the position of an ordinary person who is not expected to...

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