9911796707
TMI Blog1996 (12) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : Justice U.L. Bhat, President]. Appellant imported F.T.S. Spectrometer from USA for demonstration purposes and presented Bill of Entry dated 10-3-1989 for clearing for home consumptions declaring the value as US $ 24,000 and produced additional licence dated 29-7-1988. The Customs House was of the opinion that the additional licence did not cover the goods importe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of goods on payment of fine of Rs. One lakh subject to a no objection certificate of Reserve Bank of India. This order is being challenged. 2. It is contended that the finding of the Collector that spectrometer was not a vacuum type, which only was covered by the additional licence produced, is not tenable. The import documents do not describe the Spectro- meter as vacuum type one. The only m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order does not indicate what price was adopted and what difference was found in the valuation. However from the letters of supplier, it is clear that the price declared was a special price which could not be accepted. In this view, the confiscation under clause (m) of Section 111 has to be upheld. 3. In this situation, the appellant requested the Collector for permission to re-export and the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e confiscated because of ITC prohibition in terms of Section 111(d) of the Act and an option to pay fine in lieu of such confiscation is given, the effect of such option is to lift the prohibition. In other words, the importer is entitled to import the goods and consume them within the country on payment of such redemption fine. Therefore, the simultaneous imposition of two conditions namely (i) i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
