9911796707
TMI Blog1997 (5) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived by the DRI Zonal Office that M/s. Larsen Italiana, Mogolia, Italy were supplying very old second-hand machines of various models to importers at Ludhiana by affixing new number plates and manipulating Sl. Nos. and year of manufacture so as to enable their import under OGL. Pursuant to the said information, the import documents of the appellants (the machines were supplied under cover of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liana were not the actual manufacturers of the fully fashioned knitting machines imported by the appellants but they had purchased old machines and reconditioned the same for sale. Enquiries conducted by the Department with Italian Chamber of Commerce and Industry who in turn submitted a report on the basis of manufacturers documents, showed that the machines supplied by M/s. Larsen Italiana were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een released provisionally against a bond, he ordered recovery of an amount of Rs. 1 lakh as fine in lieu of confiscation and also imposed a penalty of Rs. 50,000/- on the appellants. Hence this appeal. 2. I have heard Shri Hari Om Arora, learned Advocate and Shri D.K. Nayyar, learned DR. 3. I find from the report of the Italian Chamber of Commerce and Industry that for one machine viz. machin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ines should be less than 7 years old (in addition to the further condition that they should have a residuary life of not less than 5 years). 4. As for penalty, having regard to the detailed findings of the adjudicating authority, that the burden of proving any understanding or knowledge or reasonable belief by the appellants that the imported machines were liable to confiscation has not been dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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