2003 (6) TMI 358

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....shi, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. -  After hearing parties on the stay application, we have decided to take up the appeal. 2. The question for consideration in this appeal is the liability to confiscation under clause (d) of Section 111 of the Act of 400 cordless telephones imported in August, 2001 by Dawar Radios, the appellant. 3. T....

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.... the telephones was in violation of the conditions of the Indian Wireless Telegraphy Act, 1933 and their import required specific permission of the Department of Telecommunications. 4. In order to consider the contention of the counsel for the appellant that there is nothing in law prohibiting import of these goods, the matter was adjourned on 18-2-2003 to enable the department to obtain t....

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....al of the Department of Telecommunications." The letter of 21-6-1985 says that it has been decided to permit the use of cordless telephones which is an attachment to the subscriber's telephone with a range not exceeding 100 metres. 5. These letters however do not speak of anything relating to import of such goods. The departmental representative has subsequently produced a copy of a letter....

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....n two headings, one in heading 85.70 and the other is in heading 85.25. The first heading is essentially for line telephony and telegraphy apparatus for wireless telephone and telegraphy apparatus. In each of these headings, cordless telephones are specifically indicated to be free for import. We do not find anything in the Indian Telegraphy Act, 1885 or the Indian Wireless Telegraphy Act, 1933, w....