9911796707
|
Home
Issues:
1. Confiscation of imported goods under Customs Act. 2. Imposition of redemption fine and penalty. 3. Enhancement of value of jackets. 4. Appeal against the Order of Additional Collector. 5. Re-shipment request for old Zipper Jackets. 6. Return of sale proceeds to the appellant. Analysis: 1. The appeal before the Appellate Tribunal arose from the Additional Collector's Order confiscating imported goods under Sections 111(d) and 111(m) of the Customs Act, 1962, and imposing a redemption fine and penalty while enhancing the value of jackets from the original assessment. The Collector increased the total value of the consignment based on discrepancies found during examination. 2. The appellant, a manufacturer of shoddy yarn, imported woollen and synthetic rags under the Import Policy. A Show Cause Notice was issued regarding the condition of the imported goods, leading to the impugned Order by the Collector. The appeal challenged this decision. 3. Despite the goods being sold in public auction, the appellant sought re-shipment of 10 bales of old Zipper Jackets, which was denied by the Collector. The Tribunal found the refusal unjustified and directed the Department to return the sale proceeds to the appellant due to the unavailability of the goods. 4. Regarding the 28 bales of Zipper Jackets cut into two pieces, the Tribunal referred to a previous judgment to establish that the import was valid under the Open General License. It was concluded that there was no violation of Import Policy or Customs Act, leading to the setting aside of the Collector's Order and the direction to grant consequential relief. 5. As the goods were not accessible for providing relief, the Tribunal ordered the Department to return the sale proceeds from the auction of the 28 bales. Ultimately, the appeal was allowed in favor of the appellant based on the findings and directions given by the Tribunal.
|
