CESTAT Mumbai Sets Aside Penalty on Courier Company

Date: 15.10.2025

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, recently delivered a significant judgment in the appeals filed by Bombino Express Pvt. โ€‹ Ltd. and its Director, against penalties imposed by the Commissioner of Customs (Appeals), Mumbai Zone III. โ€‹ This decision, pronounced on October 7, 2025, marks a pivotal moment in the interpretation of penal provisions under the Customs Act, 1962.

The case originated from allegations of mis-declaration and undervaluation of goods imported through courier mode by M/s. โ€‹ Smashing Traders Pvt. โ€‹ Ltd., facilitated by Bombino Express Pvt. โ€‹ Ltd. Investigations revealed discrepancies between the declared value of goods and their actual value, leading to penalties being imposed on Bombino Express Pvt. โ€‹ Ltd. and Appellant under Sections 112(a), 112(b), and 114AA of the Customs Act, 1962. โ€‹

The penalties were based on claims that Bombino Express and Appellant were complicit in the smuggling activities orchestrated by M/s. โ€‹ Smashing Traders Pvt. โ€‹ Ltd. and its mastermind, Mr. Kuo Leong. โ€‹ The authorities alleged that Bombino Express knowingly facilitated the clearance of undervalued goods and that Appellant was involved in the procurement and dispatch of these goods.

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