9911796707
TMI Blog2001 (4) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : V.K. Agrawal, Member (T)]. The issue involved in this appeal, filed by M/s. Kapson Polycoats (India) Pvt. Ltd., is whether the Calendering Line machine imported by them is less than 10 years old or not. 2. Shri K.L. Rekhi, ld. Advocate, submitted that the Appellants imported a second hand machine PVC Calendering Line in 25 Containers from Germany; that they filed three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s informed the Department under their letter dt. 13-10-2000 that they have abandoned the consignment/ relinquished their title to the same under Section 23(2) of the Customs Act; that at this stage feelers were sent to them not to abandon the goods and under the influence of allurement of lenient treatment and threat of exorbitant penalty, they had sent letters dated 3-11-2000 and 18-11-2000 conve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scertained and the machine appeared much older than declared, the Appellants were asked to make arrangements for the detailed examination containing main parts of the machine; that the Appellants did not agree for re-examination contending that the Customs could do so at their own risk and expense and that any damage to sensitive parts would render the machine unusable; that the Appellants thus di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed. 4. We have considered the submissions of both the sides. We find that the impugned Order was passed without issue of show cause notice and without hearing the Appellants in person in view of the same being waived by them. However, we are of the view that even if notice and personal hearing are waived, the Appellants need be informed of the material used against them. In this case the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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