2018 (7) TMI 1138

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....he Village Art, Moradabad, obtained Advance License dated 28.03.2002 for import of brass scrap with an obligation to export handicrafts that is brass artware. The said advance license made the license holder eligible for import of brass scrap without payment of customs duty under Notification No. 48/99-Cus dated 29.04.1999. As required under the conditions of said notification, M/s The Village Art executed a bond on 10.12.2002 before the Deputy Commissioner of Customs, Jawahar Customs House, Nhava Sheva for availing the benefit of said notification. M/s The Village Art imported four consignments of brass scrap and filed bill of entries on 15.01.2003, 17.01.2003, 25.01.2003 and 14.02.2003 and the total customs duty involved therein including....

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....cleared through ICD Moradabad vide 04 Nos. of Bills of Entry listed in the Notice, without payment of Customs duty leviable there on, and not put into the specified use, in contravention to the conditions of exemption Notification No.48/99-Cus dated 29/04/1999, under Section 111(d) & Section 111(o) of the Customs Act-1962 read with the provisions of the Foreign Trade (Development & Regulation) Act, 1992 and the rules made there under, for the contraventions as aforesaid. Since the goods are not available for confiscation therefore, I refrain from imposing redemption fine on the impugned goods. (iii) I drop the proceedings of confiscation for resultant product in the form of finished goods/semi finished goods proposed in the show cause no....

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.... could submit any information on the same. Heard the learned counsel for the appellant. The learned counsel for the appellant has submitted that the bond was executed by Shri Manoj Sikka in his capacity has proprietor of M/s The Village Art and that initially it was a proprietory firm and proprietor was Shri Manoj Sikka and as proprietor, he had obtained advance license and subsequent to obtaining advance license, he converted the firm into a partnership firm where the present appellant was also made a partner of the same. He has further submitted that the bond was executed in the capacity of a proprietor by Shri Manoj Sikka and bond had a condition that in the event of non-fulfilment of the export obligation the customs duty involved along....