2009 (6) TMI 752

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....Respondent. [Order]. - M/s. Green Channel, the appellant in this appeal, filed a Bill of Entry dated 20-9-2006 through their Custom House Agent for clearance of 54.68 MTs of material imported by them and declared as Heavy Melting Scrap (HMS for short). The value of the goods was declared as US$ 223 per MT. The material was imported in three containers. It was destuffed and examined in detail....

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....ngines were not allowed to be freely imported. In that statement, he also acknowledged the fact that the value of the goods had been determined at US$ 8450 by a qualified Chartered Engineer. Further, he accepted that value and expressed his willingness to clear the goods on payment of duty, fine and penalty. Finally, he waived show-cause notice and requested for early adjudication of the case. Acc....

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....the lower authorities but reduced the quantum of penalty to Rs. 7 lakhs while maintaining the quantum of fine at Rs. 50,000/-. 3. In the present appeal the party has prayed for setting aside the order of the Commissioner (Appeals). 4. Notwithstanding the above prayer, the learned Counsel for the appellant fairly concedes the confiscability of the goods. However, it is submitted tha....

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.... confiscation under Section 111 of the Customs Act, he rendered himself liable for penalty under Section 112(a). In this case, the appellant has not, at this stage, pressed his objection against confiscation of any of these goods. In other words, he has admitted that he has rendered these goods liable for confiscation, thereby attracting penalty under Section 112(a). Nevertheless, the lower author....