TaxTMI 
TaxTMI 
2010 (3) TMI 736
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....]. - The appellant-revenue has challenged the order dated 12th September 2008 made by the Customs, Excise & Service Tax Appellate Tribunal (the Tribunal), proposing the following two questions : "[a] Whether in the facts and circumstances of the present case, the Tribunal was justified in holding that confiscation of goods under Section 111(m) and imposition of penalty under Section 1....
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....004 declaring the same as waste and scrap of transformers under Bill of Entry dated 6th January 2004 and claimed exemption from Customs Duty under Notification No. 52/2003 dated 31st January 2003 and from Special Additional Duty under Notification No. 52/2003 dated 31-1-2003. Upon examination of the goods in question, the Department was of the view that the imported goods were not scrap, but old a....
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....reely importable, every importer is bound under law to declare the description of goods correctly for the purpose of ascertaining its duty liability. 4. As can be seen from the impugned order of the Tribunal, the Tribunal has placed reliance upon its earlier decision in case of M/s. Siyaram Metals Pvt. Ltd. and has set aside the impugned orders and allowed the appeal. The Tribunal has record....
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.... The record of the case indicates that the respondent is a 100% Export Oriented Unit licensed for the manufacture and export of Recycled Metal Scrap Ingots and Metal Alloys etc. From the findings recorded by the Tribunal it is apparent that the respondent had imported used, old and damaged transformers which were nothing but scrap. According to revenue the goods ought to have been declared as....