2008 (4) TMI 130

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....R, for the Respondent. [Order]. - In the orders impugned in the captioned appeals, the Commissioner of Customs enhanced the value of the goods declared by the appellants namely M/s. Technospin Pvt. Ltd. (TPL) and M/s. Servall Engineering Works Pvt. Ltd., (SEW) and confiscated the imported goods for misdeclaration of value and import without licence. In confiscating the goods, therefore, Section....

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....han 10 years old and required licence for its import. In the case of import by TPL, the Commissioner found that the machine was 1986/87 model whereas the year of manufacture declared was 1997. In respect of machine imported by SEW the corresponding years were 1958 and 1995. After obtaining expert advice of the Chartered Engineer, the assessable value of the machinery imported by TPL was revised fr....

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....y of the goods on payment of duty was economically unviable. The machines were examined twice in each case and the Chartered Engineer had given different descriptions of the machine in reports for the same consignment. However, in both the certificates for the same machine the value determined was same. This was not regular. They had waived the show cause notice and surrendered the machines owing ....

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....tute provided for the same. In the circumstances, though the confiscation and penalties are legal, the penalties appear to be a little harsh. 7.1 I find that in M/s. Hindustan Steel Ltd. v. The State Orissa [1978 (2) E.L.T. (J 159) (S.C.) = AIR 1970 SC 253] the Apex Court held as under : "An order imposing penalty for failure to carry out a statutory obligation is the result of a quasi-crimi....