https://www.taxtmi.com/caselaws?id=114391 Imported second-hand machinery was considered eligible for clearance under the 100% EOU scheme, which allowed import of second-hand capital goods. Once that eligibility was accepted, the allegation of misdeclaration and the resulting confiscation under Section 111(m) of the Customs Act could not be sustained. As confiscation failed, the redemption fine also had no legal basis, and the penalty under Section 112 likewise could not stand. The document therefore states that confiscation, redemption fine, and penalty were set aside. en-us Thu, 19 Aug 2004 00:00:00 +0530 Tue, 15 May 2012 12:48:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114391 Imported second-hand machinery was considered eligible for clearance under the 100% EOU scheme, which allowed import of second-hand capital goods. Once that eligibility was accepted, the allegation of misdeclaration and the resulting confiscation under Section 111(m) of the Customs Act could not be sustained. As confiscation failed, the redemption fine also had no legal basis, and the penalty under Section 112 likewise could not stand. The document therefore states that confiscation, redemption fine, and penalty were set aside. Case-Laws Customs Thu, 19 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114391