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2007 (2) TMI 445

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....Appellant. Ms. Kiran Doiphode, Advocate, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - These appeals are on a common issue and therefore, are being disposed of by a common order. The Appeals No. 1316/06, 1317/06 are by the department and the other Appeal No. 895/06 by the importer. 2. Heard both sides. 3. The relevant facts , in brief, are as follows : (....

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....s under Section 111(d) of the Customs Act but allowed the goods to be redeemed on payment of redemption fine. He also imposed penalty on the importer under Section 112(a) of the Customs Act, 1962. (d)    In the cases where the Department has come on appeal the Commissioner (Appeals) has held that items imported are covered by exemption under Section 38 of the Insecticides Act. ....

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.... for the respondents, in similar circumstances, the Tribunal has held that boric acid though mentioned as insecticides under the Insecticides Act., importation of the same does not require permit from Registration Committee in their Order No. A/136/WZB/CIV dated 1-12-2005, in the case relating to M/s. Hardware Trading Corporation v. C.C., Nhava Sheva - 2006 (198) E.L.T. 220 (T). 6. In the ....