2010 (9) TMI 181

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..... to their importability - After adjudication, the goods were confiscated with an opportunity to the importer to redeem the goods on payment of fine - Penalty was also imposed - Commissioner set aside the said order and held that the imported goods were capital goods and, therefore, did not require import licence - Held that: - as per the judgment of the Hon'ble Supreme Court in Atul Commodities Pv .....

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..... was justified in dismissing the appeal as not maintainable on the grounds that the appeal was filed without the opinion of Committee of Commissioners? Though the fact is that the Committee of Commissioners have examined the Order-in-Appeal No. 417-421/GRM/ GGN/2005 dated 24.11.2005 passed by the Commissioner (Appeals) Delhi-III, Gurgaon and found that the same was not legal, proper and correct. A .....

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..... r set aside the said order and held that the imported goods were capital goods and, therefore, did not require import licence. Objection of importability was, thus, held to be untenable. Valuation of the photocopier machines as declared by the assessee was also accepted as the adjudicating authority had applied value of new machines while the imported machines were second hand. Further appeal of .....

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