2010 (6) TMI 507 - AT - Customs

Confiscation and penalties - Import and Export Code - Martin was the real importer and that Alexander who possessed an Import and Export Code was not the importer and in the absence of possession of of IE code by Martin contravention of Section 7 of the Foreign Trade Development and Regulation Act 1992 - Alexander possesses a valid IE Code and he had filed the Bill of Entry for the goods in question - Hence there is no reason not to treat Shine Enterprises (Proprietor Shri Alexander) as the importer - Therefore set aside the confiscation and the penalties on both the appellants and the appeals are allowed.

Summary

The judgment by Appellate Tribunal CESTAT, CHENNAI in the case of M/s. Shine Enterprises involved the confiscation of memory modules valued at Rs. 38 lakhs. The penalties imposed on Richard Martin and F. Alexander were challenged. The Tribunal ruled in favor of the appellants, stating that Shine Enterprises (Proprietor Shri Alexander) should be treated as the importer, and thus no contravention of the Foreign Trade Development and Regulation Act was made out. The confiscation and penalties were set aside, and the appeals were allowed.