2017 (2) TMI 94

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER Per Raju 1. The appellant had imported 500 Kgs Monicro 7-100UM Cobalt based Alloy Powder vide bill of entry No.342328 dated 20/03/2003 and sought to classify the same under ITC heading 81052010. Revenue classified the same under ITC heading 81052030. The items falling under said heading were restricted. The goods were allowed to be cleared on execution of ITC bond backed by a bank g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed and therefore, no confiscation can be done in terms of Section 124 of the Customs Act. He further argued that Revenue has wrongly relied on the decision of the Hon'ble High Court of Punjab & Haryana in the case of Vikrant Overseas - 2000 (123) ELT 486 (P&H) that licensing authority does not have any power to retrospectively amend the licence. He argued that the said decision was taken in totall....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....der this Chapter unless the owner of the goods or such person (a) is given a notice in 1[writing with the prior approval of the officer of customs not below the rank of a Deputy Commissioner of Customs, informing] him of the grounds on which it is proposed to confiscate the goods or to impose a penalty; (b) is given an opportunity of making a representation in writing within such....