Importer Not Liable for Co-Loaded Consignments: CESTAT Quashes Rs. 10 Lakh Penalties in IEC Misuse Case

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside penalties of Rs. 10 lakh each imposed on the importer and held that penalties could not be sustained merely because disputed consignments were found in the same container as goods imported by the appellant. The bench of Justice Mr. Dilip Gupta, (President) and P.V. Subba Rao, Member (Technical) quashed the confiscation of goods imported holding that the statutory conditions for confiscation were not met The dispute originated from imports that arrived at ICD Tughlakabad in 2009 under different Bills of Lading. Goods worth about ₹10.27 lakh were imported in the name of M/s Kool International, while significantly higher-value consignments were shown as imported by two other entities—M/s DSA Import & Export and M/s Prakriti Collection. During investigation, customs authorities found that the latter two firms were non-existent, with fake addresses and documents. Their consignments, valued at over ₹2 crore in total, were absolutely confiscated In contrast, Kool International’s goods were confiscated with an option of redemption on payment of fine, and penalties of ₹10 lakh each were imposed on the firm, its proprietor Vikas Bothra, and one Surendra Kumar, who was alleged to have used Kool International’s Importer Exporter Code (IEC) for importing goods The appellants challenged only the penalties and confiscation relating to Kool International. They argued that no Bill of Entry had been filed, that the goods declared matched the description in the Bills of Lading, and that they could not be held responsible for consignments of other importers merely because the goods were loaded in the same container. They also contended that simultaneous penalties on a proprietorship firm and its proprietor were unsustainable The Tribunal closely examined Sections 111 and 112 of the Customs Act and noted that provisions relating to mismatch with entries under the Act presuppose the filing of a Bill of Entry. In the present case, no Bill of Entry had been filed for Kool International’s consignments, rendering Sections 111(l) and 111(m) inapplicable A crucial aspect of the ruling was the Tribunal’s treatment of Less than Container Load (LCL) cargo. The Bench held that in LCL shipments, where goods of multiple importers are stuffed into a single container, one importer cannot be held liable for violations relating to another importer’s goods. Drawing an analogy, the Tribunal observed that an importer in an LCL container is like a passenger in a shared taxi—responsible only for his own luggage, not for contraband carried by another passenger. Applying this reasoning, the Tribunal held that penalties imposed on the appellants by taking into account consignments of the two non-existent firms were legally unsustainable. The Tribunal also found that Kool International’s goods were not misdeclared. Cotton towels were declared and cotton towels were found; footwear was declared and baby shoes were found, which still fall under the category of footwear. There was no concealment or misdescription warranting confiscation under Section 111(i) of the Act. Further, the Bench held that Section 119, dealing with confiscation of goods used to conceal smuggled goods, was wrongly invoked, as Kool International’s goods were not used to conceal any other consignments In conclusion, the Tribunal set aside the confiscation of goods imported in the name of Kool International and quashed all three penalties of ₹10 lakh each imposed on the firm, its proprietor, and Surendra Kumar. All appeals were allowed, bringing relief to the appellants after more than a decade of litigation Case Details Case Title: M/s Kool International Versus Customs Commissioner Case No.: CUSTOMS APPEAL NO. 186 OF 2012 Date: 12.12.2025 Counsel For Appellant: Abhas Mishra, Advocate Counsel For Respondent: Girijesh Kumar, Authorized Representative Click Here To Read Order Read More: Release of Detained Areca Nuts As It Is Perishible In Nature: Calcutta High Court

Importer Not Liable for Co-Loaded Consignments: CESTAT Quashes Rs. 10 Lakh Penalties in IEC Misuse Case

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