2003 (6) TMI 443

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....14-1-2003. 2. The details of the case are already spelt out in the Admission Order No. 14/2003(Cus) dated 17-3-2003. By way of recapitulation, it may be stated that the applicant imported used 14" and 15" colour monitors, used CPUs, used mouse and used key pads and filed B/E 20182 dated 24-10-2002 for their clearance. On specific intelligence, the officers of HQ Preventive unit, Customs, Bangalore intercepted the consignment. The consignment was examined on 31-10-2002, when it was found to contain 240 Nos. 14" used colour monitors, 585 Nos. 15" used colour monitors, 200 Nos. used CPU, 201 Nos. used mouse and 154 Nos. used key pads. Further investigation revealed that the applicant had earlier also imported similar goods and cleared ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sion order of this Bench, the applicant has remitted the admitted duty amount of Rs. 7,08,628/- and has submitted a copy of the challan vide the applicant's letter dated 7-5-2003. 5. The applicant also filed a miscellaneous application dated 25-4-2003 requesting for an early hearing. 6. A hearing was held on 18-6-2003 for disposal of the application. Shri M.S. Srinivasa, Advocate appeared for the applicant while Shri Ameruddin Patel, Inspector of Customs, Head Quarters (Prev.) Bangalore appeared for the Revenue. The Advocate submitted that the applicant had owned up the allegation in the SCN and had accepted the duty liability as demanded in the impugned SCN. He added that the applicant had incurred demurrage of Rs. 1,38,000....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the records. Since the facts involved are not disputed by either side, there is no need to discuss them here. The main point requiring consideration is the request of the applicant to allow them to sell the impugned goods of which they have obtained clearance after the Admission Order No. 14/2003 dt. 17-3-2003 cited supra. It is a settled law that the import restrictions, if any, are with reference to date of import, and not date of assessment. The goods having been imported during Oct. 2002, and B/E filed for their clearance on 24-10-2002, the provisions in the EXIM Policy as at the time of import alone will be relevant. As per para 2.33 of the EXIM Policy on that date, imports of second hand capital goods not more than 10 years old were ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....per the restrictions contained in para 2.33 of the EXIM Policy at the relevant time.  As observed even in the Admission order, the goods imported, for clearance of which the B/E 20182 dated 24-10-2002 has been filed, are still with the applicant, and, therefore, in respect of this import the applicant cannot be alleged to have violated the above said restriction warranting their confiscation. 10. Taking all the above facts into account, the case is settled in terms of, Sec. 127C(7) of the Customs Act, 1962 on the following terms and conditions : (i)  The duty payable is settled at Rs. 7,08,628/-. The applicant has paid the same and no more amount towards duty is due from the applicant. (ii)  Immunity from penalt....