2007 (7) TMI 551 - AT - Customs

Summary

Issues:
Appeal against setting aside demand of duty on Ball Bearings valued at approximately Rs. 4.5 lakhs.

Analysis:
The case involves an appeal by the Department against the order of the Commissioner (Appeals) regarding the setting aside of a demand of duty on Ball Bearings valued at approximately Rs. 4.5 lakhs. The respondent was found dispatching Ball Bearings with wrong descriptions and fictitious addresses of the consignee, leading to the confiscation of some quantities of ball bearings. The dispute regarding this confiscation is not being addressed in the current appeal. The Original Authority had demanded duty on Ball Bearings valued at approximately Rs. 4.5 lakhs, which were said to have already been disposed of. The Commissioner (Appeals) held that since the goods had already been disposed of and not confiscated, Section 125(2) of the Customs Act would not apply to goods valued at Rs. 4.5 lakhs. Additionally, the demand of duty under Section 28 could not be upheld as the show cause notice did not invoke the same.

The Commissioner (Appeals) found no valid grounds to interfere with the aforementioned findings and reasonings. Consequently, the appeal by the Department was dismissed, and the connected cross-objection was also disposed of accordingly. The judgment was dictated and pronounced in court by the presiding judge.