2005 (9) TMI 338

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....Appellant. Shri K.M. Mondal, Consultant, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  Anti-dumping duty of Rs. 38,11,012/- (increased by corrigendum dated 23-8-2002 from Rs. 24,48,851.45 raised in the show cause notice) has been levied under the impugned order, under the provisions of Section 9A of the Customs Tariff Act, 1975 together with interest under ....

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....iscation under Section 111(m) of the Customs Act, and due to non-availability for confiscation, redemption fine of Rs. 42 lakhs has been imposed and penalties of Rs. 12 lakhs and Rs. 6 lakhs imposed upon the importers and the Director of the importing company respectively, under Section 112(a) of the Customs Act. Hence these appeals. 2. We have heard both sides. The importers had declared ....

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....NO. MANUFACTURED DATE 2. CITRIC ACID ANHYDROUS 25 KGS NETT CONFORMS WITH FOOD FRADE BP 88/USP XXII MANUFACTURED BY P.T. BUDI ALAM KENCANA SUNGAI BUDI GROUP INDONESIA BATCH NO MANUFACTURED DATE 3. The explanation of the Director of the importers as to why the above markings which are normally to be found on bags of Citric Acid were not appearing on the....

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....ags in which the goods were packed did not bear details normally found on Citric Acid supplied from M/s. Sungai Budi Group, Indonesia can only point to the goods not being of Indonesia origin. But that is not the issue for determination. What is relevant is only to decide whether the goods are of Chinese origin. The fact that the goods were packed in bags without any details thereon which was cont....