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The HC upheld the Tribunal's determination that the goods were not prohibited under section 111(d) of the Customs Act, 1962, as the violation of Rules 14(1) and 14(2) pertained solely to license conditions under the Foreign Trade (Development and Regulation) Act, 1992, and not to prohibition under customs law. Consequently, the Tribunal correctly set aside the order of confiscation and penalty imposition under section 112(a) of the Customs Act. The claimed exemption under Notification 53/1997 did not vitiate this conclusion. The court ruled in favor of the assessee, dismissing the Revenue's appeals.
The HC upheld the Tribunal's determination that the goods were not prohibited under section 111(d) of the Customs Act, 1962, as the violation of Rules 14(1) and 14(2) pertained solely to license conditions under the Foreign Trade (Development and Regulation) Act, 1992, and not to prohibition under customs law. Consequently, the Tribunal correctly set aside the order of confiscation and penalty imposition under section 112(a) of the Customs Act. The claimed exemption under Notification 53/1997 did not vitiate this conclusion. The court ruled in favor of the assessee, dismissing the Revenue's appeals.
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