2023 (6) TMI 1304

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.... Appeal Nos.75830,75849-75851 value enhancement, confiscation and imposition of redemption fine and penalty. 2.1 The declared value was enhanced from US$ 0.45 per kg to US$ 0.60 per kg, US$ 0.28 per kg to US$ 0.60 per kg & US$ 0.22 per kg to US$ 0.60 per kg respectively and redemption fine and penalty were also imposed on the ground that the old and used worn clothing articles are classifiable under Tariff Item No.63090000 of the First Schedule of the Act and is restricted item for import as per Para 2.17 of Foreign Trade Policy 2009-2014, read with ITC HS Classification of import and export items 2009-2014. Import of goods under Tariff Item No.63090000 is restricted and their import is allowed only against the valid specific licen....

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....ot liable to be invoked in the absence of a declaration. 5. Confiscation under Section 111(d) has been invoked for import of 'old and serviceable garments' without an import licence as prescribed under Chapter 2 of the Foreign Trade Policy. Want of such licence is not disputed by the appellants. Consequently, confiscation under Section 111(d) of Customs Act, 1962 in the impugned order cannot be faulted. Release of confiscated goods to the importer is contingent upon fine in lieu imposed under Section 125 of Customs Act, 1962. The redemption fine is not, in terms of the statute, permitted to exceed the market price of the goods and the undertaking of a survey is not improper. However, such a survey, more than a decade after the impo....

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....ioner of Customs (I), that the impugned goods were either old and used garments other than rags or they were not mutilated as per the norms laid down in this regard. It is on this agreement for the nature/description of goods, that we have to proceed further in this case. As regards the margin of profit, a market survey was done whose salient features are as follows : in the impugned order. 6. Though the appellants question the margin of profit and the validity of market survey, there is no serious resistance to the ascertained value. 7. Considering the various issues and submissions made and the failure of the original authority to comply with the direction in remand to disclose the margin of profit that prompted....