2022 (8) TMI 1061

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.... application of rate pertaining to tariff item 2710 1949 of First Schedule to Customs Tariff Act, 1975 instead of that corresponding to tariff item 2710 1971 of First Schedule to Customs Tariff Act, 1975 claimed by them, the attendant confiscation of goods under section 111(d) and 111(m) of Customs Act, 1962 that were permitted to be redeemed on payment of fine of Rs.80,00,000 and imposition of penalty of Rs. 20,00,000 and Rs.7,00,000 respectively under section 112(i) and 112(ii) of Customs Act, 1962. 2. Learned Counsel for the appellant informed that, having placed order for 'base oil grade-12' on their supplier, M/s Global International Trade Link FZE, UAE, bill of entry no. 8636740/29.08.2020 was filed for clearance of 186.99 MTs and se....

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.... the effective rates. He pleaded that the circumstances of mistaken supply, and, that too, during the pandemic, was not deserving of such harsh treatment. 4. Learned Authorized Representative submitted that the appellant does not contest the misdeclaration in description of the impugned goods and that the consequences of incorrect classification, as well as attempt to clear goods at lower duty, merited the treatment accorded in the impugned order. 5. It is not in dispute that the impugned goods are 'high flash high speed diesel' which is 'canalised' for import and did not conform to declaration in the bill of entry; consequently, the application of the appropriate rate of duty cannot be cause of cavil. Though appellant did challenge the d....