2002 (9) TMI 740

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....of Rs. 13 lakhs. A penalty of Rs. 1.3 lakhs has also been imposed under Section 112(a) of the Customs Act. Besides directing the appellants to pay the duty at the appropriate rate. 2. The facts of the case are that the appellants filed Bill of Entry for the clearance of one unit of second hand offset press through their CHA. The details of the machine are as follows : Sl. No. No. of Units Declared Description Declared year of manufacture Value in US $ 1 1 Used 1990 Mitsubishi IF 13-6 Sheet Fed Offset Press 1990 1,10,000/- The goods arrived in 1 x 40' and 1 x 20' container in OOLU3440654 and OOLU5159158 and were covered under Invoice No. 4902, dt. 25-1-2001 raised by M/s. Babu Marketing System INC., U....

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....e of imported capital goods. The second hand capital goods shall not be transferred, sold or otherwise disposed off within a period of 2 years from the date of import, except with the prior permission of the DGFT." Since the goods under clearance were more than 10 years old, clearance of the same requires specific licence. The goods were therefore, liable for confiscation under Section 111(d) of Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development & Regulation) Act, 1992 for being imported without such specific licence. For having rendered the goods liable for confiscation as above, the importer is liable for penalty under Section 112(a) of the Customs Act, 1962. 5. The appellants waived the show cause notice but a....

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....d Offset Press (as the value arrived at after allowing depreciation is less than the declared value). 12. Since the goods are imported contrary to the provisions of import policy the same are liable for confiscation under Section 111(d) of Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development & Regulation) Act, 1992. For having rendered the goods liable for confiscation, the importers are liable for penalty under Section 112(a) of the Customs Act, 1962. 13. Accordingly, I press the following orders:- 14. I confiscate the imported second hand machinery under Section 111(d) of Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development & Regulation) Act, 1992 and, however, I give an option t....