2013 (9) TMI 464

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the goods under export, the goods mentioned in table of Para 1 of the adjudicating authority's order. Among the goods Srl. No. 1,2, & 17 found to be restricted items as per Import Export Policy at ITC (HS) 31021000, as they are not permitted for export unless license has been issued for the purpose. The details as under:- S. No.   Description of Goods   Quantity (Kgs.)   Value (in Rs.)     1   UREA USP   750   32434   2   UREA USP   750   32434   3   UREA ULTRA PURE   1000   67270   Accordingly, the above goods were not allowed for export and placed under s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ade (Development & Regulation) Act, 1992 (ii) confiscate the seized goods valued at Rs. 1,32,138/- under Section 113 of Customs Act, 1962, (iii) impose penalty under Section 114 of the Customs Act, 1962 and (iv) impose redemption fine under Section 125 of Customs Act, 1962. 5. The adjudicating authority, after following the due process of law held the goods exported were prohibited and order for absolute confiscation of the goods which was seized under Panchnama and imposed the penalty of Rs. Five lakhs. Aggrieved by such an order, appellant preferred an appeal before the first appellate authority. The first appellate authority, after considering the submissions made before him and also hearing the counsel, came to a conclusion that the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rity has already set-aside the absolute confiscation of the goods and given an option to redeem the same on payment of redemption fine, I find that, for the goods valued at Rs. 1,32,128/- the redemption fine of Rs. 65,000/- seems to be an excessive. Interest of justice will be served if such redemption fine is reduced to Rs. 40,000/-. Accordingly, the impugned order to that extent is modified and the release of goods is ordered on payment of redemption fine of Rs. 40,000/- (Rupees forty thousand only). As regards the penalties imposed, I find that the penalties are correctly imposed under the provisions of Section 114(i) of the Customs Act, 1962, inasmuch as that the act of the appellant in not providing the license for export of Urea has m....