9911796707
TMI Blog2005 (8) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... Vide his impugned order Commissioner of Customs as confiscated Tin Plates imported by the appellant with an option to them to redeem the same on payment of redemption fine of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only, he has also imposed personal penalty of Rs. 50,000/- (Rupees Fifty Thousand only). 2. Brief facts on record are that the appellant entered into a contract with their ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods was below the floor price, the importer was required to produce a licence. Inasmuch as, the goods in question landed in India after the issuance of Notification in question and the bill of entry was filed on 22-3-1999, the Customs authorities entertained a view that the goods were not be cleared under Open General Licence and required a licence for import. Inasmuch as the licence was not p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant cannot take shelter under the said provisions. [6]3.For better appreciation I reproduce para 1.5 of the Policy as below : In case an export or import that is permitted freely under this Policy is subsequently subjected to an restriction or regulation, such export or import will ordinarily be permitted notwithstanding such restriction or regulation, unless otherwise stipulated, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Policy is not available to the appellants. The goods have been rightly confiscated by the Commissioner. Inasmuch as at the time of import of the goods, restriction as regards floor price and license was applicable. However, keeping in view the over all facts and circumstances of the case, I reduce the redemption fine from Rs. 2. 50 lakhs to Rs. 1 lakh and set aside the personal penalty of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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