2017 (3) TMI 443

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for the respondent ORDER M/s Marigold Productions Pvt Ltd was proceeded against for importation of 'film camera and shooing equipment' valued at Rs. 1,07,78,656 vide bill of entry no. 238201 dated 24th March 2005 without having obtained the Import-Export Code (IEC) stipulated in paragraph 2.12 of Foreign Trade Policy 2004-09 notified by Director General of Foreign Trade under the Foreign Tra....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....xport Code (IEC) which is mandated as a pre-requisite for effecting imports. It is alleged that the importer does not fall within any the categories listed as exempt from this requirement. It is again without doubt that contravention of any requirement laid down by any other law in relation to imported goods would render them liable to confiscation. There is no allegation of any attempt to evade d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... context of these proceedings, the prohibited nature of the goods under import is subject to challenge and finding. 8. An Import Export Code does not purport to be a licence to import goods. It can be acquired by a simple procedure and is generally applied for by regular importers. A causal importer may not be sufficiently aware of the requirement that code is to be procured. 9. The adjudica....