9911796707
TMI Blog2004 (12) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... r : T. Anjaneyulu, Member (J)]. The assessee is in appeal aggrieved by the Order-in-Original passed by the Commissioner of Customs, Jawahar Custom House, Nhava Sheva, wherein he imposed fine of Rs. 25,000/- on the assessee after ordering confiscation of the goods under Section 111(d) of the Customs Act, 1962. 2. The appellant, M/s. Surendra Engineering Corpn., is a recognized Export House, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of free import duty. The goods were examined in the shed under the supervision of Asst. Commissioner of Customs, who certified that the invoice declared CIF value of Rs. 6,16,067/- was fair. 3. The Dealing Group, however, raised objections regarding the value, applicability of Notification 154/94 and the importability in terms of Para 5.7 of the policy book. The appellant explained vide letter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 22/99 dated 23-7-1998 ordered enhancement of value to Rs. 22,71,076/- (CIF) for the purpose of Bond for re-export, but accepted that the goods are eligible for duty free benefit in terms of Notification No. 153/94. He also ordered confiscation of the goods under Section 111(d) of the Customs Act, 1962 with redemption fine of Rs. 25,000/-. Since the goods were urgently needed for repair and ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn were covered by the terminology Other Equipments specifically appearing in Para 5.7 of the Export/Import Policy Book 1997-2000. The view taken by the Commissioner of Customs that the words and Other Equipments qualifies Construction is not correct. 8. Having considered the submissions made by the appellant and the Ld. D.R. and further having regard to the facts and circumstances invol ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
