CHA Cleared Vessel Import Without Misclassification; No Section 112(a) Penalty

J M Baxi & Co Vs C.C. Jamnagar (CESTAT Ahmedabad) Conclusion: Penalty u/s 112 (a) against CHA on clearance of imported vessel was not leviable as the duty of the importer was to give the correct and detailed description which had been discharged and the charge of misclassification had been dropped against importing firm and the matter already been decided in favour of the importing firm and its director and therefore, the cause of imposing penalty against Custom House Clearing Agent get extinguishable. Held: Assessee-company were appointed as Customs House Agent (CHA) by the Importers/ Own...