2001 (3) TMI 199

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...., as a partner. Shri Ramesh Nahata was also a Director of a related company called M/s. Wai Wai Stationary. M/s. Wai Wai Stationary filed the bill of entry claiming that they had made the payment for the machines. At their instance the steamer agent also sought amendment of the IGM in the relevant line. The Customs denied the request for the amendment and substituted the name of M/s. Nisu Products for M/s. Wai Wai Stationary in the bill of entry. The bill of entry was dt. 14-12-1994. The goods were shipped on 21-10-1994. On 28-10-1994 M/s. Nisu Product had contracted for takeover of a Company titled as M/s. S.M. Pen & Plastics Industries. This unit was registered, as a SSI Unit with the appropriate authorities. An application was made by M/....

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.... goods but allowed redemption thereof on payment of a fine of Rs. 2 lakhs and also imposed a penalty of Rs. 50,000/- on M/s. Nisu Products. Appeal No. C/453/95-Mum is filed against this order. 6.Appeal No. C/452/95-Bom. is filed by M/s. Wai Wai Stationary Products. The prayer made is that they should have been held to have been the importers in this case. It was claimed that they were registered under the State Directorate with effect from 7-7-1993 and therefore the goods were capable of being imported by them in terms of Paragraph 25. The claim of ownership is made on the ground that the payment has been made by them. I shall revert to this later. 7.Shri Naresh Thacker submits that paragraph 25 of the Policy permits second-hand machinery....