2007 (8) TMI 152

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....we take up the appeals. 2. The appellants had imported second-hand photocopiers from U.A.E. and filed 2 Bills of Entry, one dated 18-6-2007 and the other dated 27-7-2007, for clearance of the goods. The Bills of Entry were accompanied by the supplier's invoices indicating the value of the goods as US$ 8,120 (C&F) and US$ 24,550 (C&F) respectively. However, no import licence as required under paras -2.17 of the Foreign Trade Policy 2004-09 (as amended) was produced. The Customs authorities got the goods examined by Chartered Engineers, M/s. S.G.S. India Pvt. Ltd. and the latter valued the goods at US$ 13520 (C&F) and US$ 45150 (C&F) respectively. On the basis of the valuation reports, the authorities found gross undervaluation of the good....

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....larly pointed out that the appellants are habitual offenders in importing second-hand photocopiers inasmuch as they imported three consignments of such machines in the past without any licence despite the stringent 'restriction' imposed under the EXIM Policy. According to ld. SDR, such antecedents of the party were rightly taken into account by ld. Commissioner in exercising his discretion as to whether the importer should be given option to redeem the goods. In his rejoinder, ld. counsel has submitted that, under Section 125 of the Customs Act, the adjudicating authority shall give the importer/owner of the goods option to redeem the same on payment of fine where the goods are not 'prohibited'. It is submitted that goods like second-hand p....

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....fine in lieu of confiscation — (1) Whenever confiscation of any goods is authorised by this Act, the officer adjudging it may, in the case of any goods, the importation or exportation whereof is prohibited under this Act or under any other law for the time being in force, and shall, in the case of any other goods, give to the owner of the goods or, where such owner is not known, the person from whose possession or custody such goods have been seized, an option to pay in lieu of confiscation such fine as the said officer thinks fit : Provided that, without prejudice to the provisions of the proviso to sub-section (2) of section 115, such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods ....