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TMI Blog2004 (3) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : C.N.B. Nair, Member (T)]. Under Final Order Nos. 919-920/2000-A, dated 16-11-2000 [2001 (127) E.L.T. 874 (Tri.)] this Tribunal allowed Appeal Nos. C/288-289/2000-A filed by M/s. Rishi Electronics Ltd. against Order-in-Original No. 22/2000, dated 16-2-2000 passed by Commissioner of Customs, Calcutta. Subsequently, a ROM (C/93/2001-A) was filed by Revenue submitting, inter alia, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Original No. 6/92, dated 18-2-1992, I order confiscation of VCR components in question on account of under-valuation to the extent of Rs. 2,37,515/-. ITC violation in respect of the components valued Rs. 2.83 lakhs, and duty evasion to the extent of Rs. 3.5 under Section 111(m) of the Customs Act, 1962 and allow redemption thereof on payment of a fine of Rs. 1,00,000/- only. Impose a personal pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed goods in India. Appellants have emphasised that as Actual User (Industrial) they were entitled to import these items under Import Export Policy (1985-88). It is also pointed out that they had been issued import licence for the import of prohibited items as those items were required as components/parts. The contention being raised is that, under Import Export Policy, the appellants were at lib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being issued for such industrial users. In fact, for the earlier period, the appellants had been granted such licence. In these circumstances, we are of the opinion that confiscation of the said items and imposition of penalty were not warranted. We, therefore, amend our Final Order Nos. 919-920/2000-A, dated 16-11-2000 so as to allow the appeal on this issue also. - - TaxTMI - TMITax - Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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