2023 (7) TMI 1030

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ught the import was made in August 2018, there was delay in conducting examination of the goods and report was furnished on 10.02.2021. To avoid further delay in clearing the goods, the appellant accepted the assessed value and also vide letter dated 12.03.2021 waived the issue of show cause notice. Thereafter the Adjudication Authority issued order on 08.07.2021 whereby it is held that goods are falling under the category of restricted items under various provisions of Section 111 of the Customs Act, 1962 and ordered absolute confiscation of the goods. For the alleged violation, the Adjudication Authority imposed penalty of Rs.25,76,528/-. Aggrieved by the said order, the appellant filed appeal before the Commissioner (Appeals). Commission....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... almost 05 years in releasing the goods. Hence appellant also prays for issuing a direction for waiver of detention/demurrage charge. 3. Learned D.R. produced the copy of the Final Order No.21308-21309/2019 dated 20 December, 2019 of this Tribunal in the matter of M/s S.R. Enterprises & M/s Digital Enterprise where the issue was considered by this Tribunal. Though the order of absolute confiscation was found unsustainable, the matter was remanded to Lower Authorities on the ground that the economic advantage of import even in the absence of license mandated for restricted goods must be neutralized with reference to the market price of the goods that are imported against such license. It is the negation of this windfall that is the intent o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....20350 of 2021. This Tribunal vide Final Order No.20762-20763/2021 dated 23.09.2021 considered the appeal on merits and following the decision of the Tribunal in similar cases, allowed the appellant to redeem the goods on payment of redemption fine of 10% on the enhanced value and penalty also reduced to 5% of the enhanced value. The learned counsel further submits that the issue attained finality only after more than 06 years and the importer had suffered huge losses due to undue delay in clearing the goods due to such remand order. Learned counsel further submits that in the absence of any finding regarding market value of the goods in the impugned order, the ratio of the judgment of the Hon'ble High Court of Kerala in the matter of Commi....