2005 (11) TMI 501

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....es entertained a reasonable belief that the goods found in the containers were misdeclared by the importer as 'heavy melting scrap' to evade the payment of Customs duty and confiscation under Section 111 of the Customs Act, 1962. The consignments were accordingly weighed, examined and seized in terms of Panchnamas drawn on the spot and further investigation started into the matter. 2. In the course of this investigation, the statement of Shri Utsav Kumar, employee of the petitioner-company was also recorded. A market inquiry was also in the course of the investigation conducted from manufacturers of similar types of nails who opined that the samples shown to them and drawn from the imported consignment were similar to the nails manu....

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....Director Shri Jeewan Garg are liable for penalty under Section 112 of Customs Act, 1962." 3. He accordingly directed classification of imported goods under Tariff Heading 7317.00 of Customs Tariff Act, 1975, confiscation of the seized goods under Section 111(m) of the Act but permitted redemption of the said goods on payment of a redemption fine of Rs. 12 lacs under Section 125 of the Customs Act, 1962. He also imposed a penalty of Rs. 6 lacs upon the importer apart from a penalty of Rs. 1 lac from Petitioner No. 2 for contravention of the said provisions. 4. Aggrieved by the above order, the petitioner preferred an appeal before the Customs, Excise and Service Tax Appellate Tribunal, who has by the order impugned in this ap....