2014 (6) TMI 191

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....om M/s. Clear Light Diamond Co., New York. Inasmuch as they had not received the Kimberley Process (KP) Certificate in respect of said rough diamonds they were not able to file any bill of entry for the same. The department initiated proceedings against the appellants and held that rough diamonds under importation weighing 175.16 carats and valued at US $ 24,872.72 is liable to confiscation under Section 113(d) of the Customs Act, 1962, and absolutely confiscated the same. A penalty of Rs. 5 lakhs was imposed on the appellant under Section 112(a) of the Customs Act. During the adjudication proceedings, the appellants had requested for re-export of the diamonds and the same was also denied. Against said order the appellant preferred an appea....

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....f this Tribunal in the case of Sahil Diamonds Pvt. Ltd., 2010 (250) E.L.T. 310 (Tri.-Ahmd.) wherein in a similar situation, the Tribunal held that absolute confiscation of rough diamonds without a KP Certificate is unwarranted in law and the appellant should be given permission to re-export the consignment without imposition of any fine or penalty. The said decision of the Tribunal was challenged by the Revenue before the Hon'ble Apex Court and the Hon'ble Apex Court in the same case reported in 2010 (257) E.L.T. A22 (S.C.) dismissed the appeal filed by the Revenue. Accordingly, he pleads for allowing re-export of the consignment and setting aside the penalties. 4. The ld. AR appearing for the Revenue reiterates the findings of the ....