2000 (12) TMI 926

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....r which the specific sum earmarked was Rs. 51,27,500/-. Show cause notice was issued as to why this quantum should not be added to the assessable value. On such addition the total value of the plant would exceed the value of the ITC licence. In the show cause notice the allegation was made that the plant was liable to confiscation under Section 111(d) of the Customs Act, 1962. On account of failure of the assessee importers to declare the specific quantum of inclusion liability to confiscation under Section 111(m) of the Act was also alleged. The Commissioner passed orders. The importers then filed an appeal. The Tribunal remanded the matter for reconsideration. In making the remand the Tribunal observed that there was a fair indication tha....

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....h reads as under :-  "84.79 Goods falling under sub-heading Nos. 8479.20, 8479.30, 8479.40; sub-heading No. 8479.81 excluding wire coil winders; and machinery used for the production of a commodity." 5. We have also seen the judgment of the Tribunal in the case of CC, Madras v. McDowell Co. Ltd. - 1997 (94) E.L.T. 215. In this judgment the benefit of the notification at Sr. No. 50 was allowed in the following words :- "It was contended before us by the learned DR that this Sl. No. does not refer to sub-heading 8479.82, under which the goods have been classified, and since there is no challenge to classification, the goods are excluded from the purview of this Sl. No. of the Notification. We however, note that ....

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....ect is of the confiscation of the machinery. In view of the very clear observations made by the Tribunal in their remand order we held that the orders of confiscation under Section 111(m) of the Act would not sustain. The liability to confiscation under Section 111(d) arises out of the short-fall in the licence value on addition of the value of the drawings, designs etc. to the declared value of the plant. Shri Bhatt shows us the provisions in Chapter XII of the Import Export Policy 1988-91 AM. Para 151 thereof permits importation of drawings, designs etc. representing the transfer of technology in the financial year up to Rs. 30 lakhs in each case. Shri Bhatt submits that the present imports were made in three parts. The first part was in ....