2014 (8) TMI 877

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....dent : Sweta Bector, Authorized Representative (DR) PER : Rakesh Kumar The appellant are a 100% EOU engaged in manufacture of aluminium and steel fence fittings for export. One of the items being imported duty free under Notification No.52/2003-CUS is HR Steel Coils/Strips. The appellant imported duty free coils at ICD, Ludhiana against the procurement certificates permitting them to import ....

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.... of the provisions of the ITC (HS) (Licensing Note No.4 of Chapter 72). Accordingly, the Jurisdictional Additional Commissioner vide order-in-original dated 23/11/12 ordered confiscation of the goods valued at Rs. 39,42,127/- with option to be redeemed on payment of redemption fine of Rs. 3,00,000/- in lieu of the confiscation and beside this, penalty of Rs. 1,00,000/- was also imposed. The goods,....

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....enerally the goods are not examined at the port where only marks and numbers are verified, that in view of this, the restrictions imposed in licensing note No.4 of Chapter 72 of the ITC (HS) would not be applicable to the appellant, that in any case when the procurement certificate permit the appellant to import the defective the HR Coils at ICD, Ludhiana, the import of the goods, in question, at ....

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....ed under the provisions of Section 111 (d) of the Customs Act, 1962 and penalty has been correctly imposed on them under Section 112 (a) of the Customs Act, 1962. 5. I have considered the submissions from both the sides and perused the records. 6. There is no dispute that in terms of ITC note No.4 of Chapter 72 of the ITC (HS), in respect of import of certain goods, there is restriction abou....