TMI Blog1993 (1) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... r]. This is an appeal directed against the Order-in-Original No. S/10-34/92, dated 19-2-1992 passed by the Additional Collector of Customs, Air Cargo Complex, Bombay, ordering confiscation of a consignment of Bank Note Counting Machine valued at Rs. 47,549/- but allowing redemption of the same on payment of Rs. 45,000/- and also imposing a personal penalty of Rs. 5000/-. 2. Shri H.R. Shett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se have been acquired by way of transfer, flexibility provisions cannot be availed. He therefore contended that the order is sustainable. 3. Shri Shetty, the Ld. Advocate, in reply, stated that this could be construed to be an electronic equipment, which is figuring as Appendix 3A item against Serial 732. However, he could not produce any authority to the effect that under exim scrip, items list ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to the provisions contained in para 195(2) of the Policy, whereunder flexibility provisions are not available against transferred REP licences. Since these licences are transferred ones, the flexibility provisions are not available. As regards the additional licence, referred to by the Ld. Advocate, it is a licence specifically endorsed for the import of Currency Counting Machine. Hence no c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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