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TMI Blog1990 (5) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... common order. 2. So far Appeal No. 243/85 is concerned, the appellants imported 1700 bags of green pieces and sought clearance under OGL Appendix 6 Serial No. 34 of ITC policy, 1984-85. It was observed that the bill of lading was dated 12-2-1984 whereas the contract was registered with National Agricultural Cooperative Marketing Federation of India (NAFED) as contemplated under para 33 of Appendix 6 only on 24-6-1984. Department objected to the same and held the import as made without the compliance of the provisions of the policy and ordered confiscation but allowed redemption on payment of fine of Rs. 8700/- as against the CIF value of Rs. 3,15,530.54. In Appeal No. 244/85 the appellants imported green pieces haying CIF value of Rs. 4,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have taken place on the date of actual shipment of the goods. In his submissions, the provisions of para 208 pertain to consideration of the validity of the import licence and cannot stand attracted in interpreting the word import particularly when the word import is already defined in the Import and Export (Control) Act and the OGL licence is also issued under the provisions of the same Act. In his submissions, therefore, the whole basis on which the Department has based its conclusion is erroneous. He also submitted that this Tribunal has in the past while deciding the similar case has held that the date of import has to be taken as the one on which the shipment took place. He submitted that in those cases the point that he has now rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies experienced by the trade as at time, there is a change in policy and the parties who might have already shipped their consignments, when they were legally permissible to be imported, face difficulty in clearance because of subsequent restriction imposed on such items. In his submissions, when the trade has been granted benefit by virtue of these provisions, they should also face the consequential responsibilities in this regard. Negating the contention that the word import as defined under the Import and Export (Control) Act alone has to be taken into consideration he submitted that OGL though issued under the authority vested by Import and Export Control Act forms part of the policy and the reservations and the provisions laid down u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the circumstances breach of the provisions of policy are more of technical nature rather than of economical nature. Therefore, though technical breach has been said to have been committed, making the goods liable for confiscation while imposing the redemption fine rational approach ought to have been adopted. Considering this aspect it appears that imposition of the redemption fine in both the matters as indicated above is on the higher side and requires to be reduced. 8. Taking all the aspects into consideration, I hold that the redemption fine may be reduced from Rs. 8700/- in Appeal No. 243/85 to Rs. 3,000/- and from Rs. 11500/- in Appeal No. 244/85 to Rs. 5000/- 9. With this modification, the appeals are otherwise rejected. Conse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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