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TMI Blog2006 (7) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... : S.S. Sekhon, Member (T)] .- After hearing both sides and considering the issue involved in this appeal, we take up the appeal at this stage after waiver of pre-deposit. 2. The importer is a manufacturer, who had indented Aluminium ingots from Malaysia. For the first time, they were dealing with this supplier. When the goods came, they retired the documents from the Bank, then filed the Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at under Section 111(m) and Section 111(o) of the Customs Act, 1962. Redemption fine of Rs. 10.00 lakhs (Rupees ten lakhs only) has been offered to the importer to redeem the goods, personal penalty of Rs. 10.00 lakhs (Rupees ten lakhs only) has been arrived at under Section 112 of the Customs Act, 1962. The impugned order further directed that the exemption under notification of DEEC, in the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avail a benefit is not available. There is no finding arrived that the value as declared is of scrap which would be lower than the value of ingots and thus the imprter may gain by his misconduct. When there is no reason to misdeclare and no gain could be derived from such an act, the declarations made by the importer have to be upheld as bona fide. That the first time supplier in Malaysia sent in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p under import by granting an amendment to the declaration made in the Bill of Entry and finalization of the assessments as scrap, if the DEEC licence for scrap is otherwise not impugned. 3(e). Consequent to the finding, the appeal is allowed as remand to the adjudicating authority to assess the consequent to findings hereinabove. (Dictated and pronounced in the open Court.) - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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