2021 (9) TMI 1251

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... various models with standard accessories and attachments. The said goods were seized on the ground that the said goods are restricted for import; are hazardous waste under the Management, Handling and Transboundary Movement Rules, 2016 and on the ground of applicability of Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012 issued under Bureau of India Standards Act, 2016. The matter was adjudicated by the original adjudicating authority, first appellate authority and thereafter by Tribunal. The original adjudicating authority had absolutely confiscated the goods. The said order was confirmed by the Commissioner(Appeals). However the Tribunal in its earlier order remanded the matter with direct....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 12. In view of the above, I find that the customs duty is recoverable under Section 28 and interest thereon is payable under Section 28AA of the Customs Act, 1962. The goods confiscated under BOE No.2584526 dated 25.07.2017 are eligible for release under Section 125 of the Customs Act, 1962. In order to comply with the Hon'ble High Court of Karnataka order, I find that market value of the subject goods are not readily available, hence I consider the re-determined assessable value as the market price of the subject goods. Accordingly, I give the importer an option to redeem the subject goods as per the provision of Section 125 of Customs Act, 1962 by imposing redemption fine of Rs. 18,53,945/- (Rupees Eighteen Lakhs Fifty Three Thousand....