2018 (6) TMI 941

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....amesh Nair The facts of the case are that Appellant is a Govt. of India undertaking engaged in ship building and are also registered as Custom Bonded Warehouse for manufacture of goods in-bond. The Appellant imported Hot Rolled Plates falling under Heading 72.08 vide three Bills of Entry i.e. 880969 dt. 02.02.2009, 881342 dt. 04.02.2009, 883767 dt. 20.02.2009 and sought to avail exemption from u....

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.... with an option to redeem the same on redemption fine of Rs, 18 lakhs. A penalty of Rs. 2 lakhs was also imposed upon the Appellant. Hence the present appeal. 2. Shri T. Viswanathan, ld. Counsel appearing for the Appellant submits that the licensing note to chapter 89 of the section XVII of ITC (HS) permits import of goods without any license to a unit engaged in the manufacture of ships. He also....

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.... Antwerp on 14.02.2008 only, instead of the normal scheduled date of 15 Nov, 2008 as the ship had to undergo repairs after loading of cargo. The L/C which opened on 05.09.2008 for the import of steel plates expired on 10.11.2008 which was before the actual shipment of the consignment owing to late allotment of the ship by Ministry of shipping. The supplier nevertheless had accepted the payment on ....

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....ported for the period 21.11.2008 to 18.02.2009 shall be allowed to be imported without licence. We thus hold that the goods covered by aforesaid Bill of Entry are not liable for confiscation and therefore not liable for any redemption fine and penalty. As regard Bill of Entry dt. 21.02.2009, we find that firstly the goods were contracted to be brought/ imported in India even before the restriction....