2003 (1) TMI 109

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....ical disc drives from Lucky Gold Star International Corporation of Korea. It is the contention of the appellant that optical disc drives were imported for the manufacture of radio cassette recorders in combination with CD players (compact disc players). The goods were sought to be cleared under Appendix 6 List 8 at Entry Sl. No. 786 (64)(iii) of ITC Import Export Policy 1990 -1993. The said entry ....

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....0-1993 the item is covered under Sl. No. 730 of Appendix 3 Part-A for which appellant submitted valid REP licence. Appellant also produced the letter dated 9-3-1990 from the Chief Controller of Imports or Exports according to which optical disc drives are permitted to be imported under OGL Entry No. 64 as electronic items and these items, therefore, can be permitted to be imported against addition....

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....ion to the importer to redeem the same on payment of fine of Rs. 6 lacs while a penalty of Rs. one lac was imposed. 5.Appellant preferred Customs Appeal No. C/403/92-A before the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short 'the Tribunal'). The Tribunal arrived at the conclusion that OGL Entry covered optical disc drives for computer peripherals, while the goods i....

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....3 lakhs only." 6.That order is challenged by filing this appeal. 7.It has been pointed out by the learned Counsel for the appellant that appellant was permitted to import similar goods in the year 1989 for its industrial use. He also submitted that there is no prohibition under the industrial licence given to the appellant that it cannot use CD disc drives in combination of radio-cum-cassett....