2010 (11) TMI 917

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....ani, Advocate, for the  Respondent. ORDER By the impugned order, the Commissioner (Appeals) has set aside the order of confiscation accordingly, the redemption fine and penalty were also dropped. 2. The facts in brief are that the respondents were imported five containers duty-free and executed a bond as per Notification No. 104/94-Cus., dated 16-3-1994 with conditions to re-exp....

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.... for confiscation which can be redeemed on payment of fine and penalty. He further submits that the lower appellate authority has erred in the facts and circumstances of the case as he failed to consider that the respondents have violated the terms and conditions. Hence the impugned order is liable to be set aside. 4. On the other hand, the learned Advocate for the respondents submits that....

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....-1994. As per Notification, which deals with the exemption of containers of durable nature, the assessee can import containers duty-free by executing a bond as per satisfaction of the Asst. Collector of the Customs, binds himself to re-export the said container within six months from the date of importation. However, if he failed to re-export the container, the importer has to pay duty leviable on....

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....ondents is that the respondents have failed to obtain necessary extension from the Asst. Collector. 7. I have gone through the Notification and as per the proviso, I find that this part is applicable where the assessee wants to re-export and if he has failed to re-export within six months and when not applied for extension of time to re-export. In this case, the facts are little bit differ....