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TMI Blog2003 (6) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion Order No. 14/2003(Cus) dated 17-3-2003. By way of recapitulation, it may be stated that the applicant imported used 14 and 15 colour monitors, used CPUs, used mouse and used key pads and filed B/E 20182 dated 24-10-2002 for their clearance. On specific intelligence, the officers of HQ Preventive unit, Customs, Bangalore intercepted the consignment. The consignment was examined on 31-10-2002, when it was found to contain 240 Nos. 14 used colour monitors, 585 Nos. 15 used colour monitors, 200 Nos. used CPU, 201 Nos. used mouse and 154 Nos. used key pads. Further investigation revealed that the applicant had earlier also imported similar goods and cleared them vide Bs/E 438 dated 29-1-2002 and 2459 dated 13-6-2002 and had sold them a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28/- and has submitted a copy of the challan vide the applicant s letter dated 7-5-2003. 5. The applicant also filed a miscellaneous application dated 25-4-2003 requesting for an early hearing. 6. A hearing was held on 18-6-2003 for disposal of the application. Shri M.S. Srinivasa, Advocate appeared for the applicant while Shri Ameruddin Patel, Inspector of Customs, Head Quarters (Prev.) Bangalore appeared for the Revenue. The Advocate submitted that the applicant had owned up the allegation in the SCN and had accepted the duty liability as demanded in the impugned SCN. He added that the applicant had incurred demurrage of Rs. 1,38,000/-. He requested permission for selling the goods, as the nature of the subject goods is such that thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main point requiring consideration is the request of the applicant to allow them to sell the impugned goods of which they have obtained clearance after the Admission Order No. 14/2003 dt. 17-3-2003 cited supra. It is a settled law that the import restrictions, if any, are with reference to date of import, and not date of assessment. The goods having been imported during Oct. 2002, and B/E filed for their clearance on 24-10-2002, the provisions in the EXIM Policy as at the time of import alone will be relevant. As per para 2.33 of the EXIM Policy on that date, imports of second hand capital goods not more than 10 years old were freely importable. However, the said goods cannot be transferred, sold or otherwise disposed off, within a period o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted, for clearance of which the B/E 20182 dated 24-10-2002 has been filed, are still with the applicant, and, therefore, in respect of this import the applicant cannot be alleged to have violated the above said restriction warranting their confiscation. 10. Taking all the above facts into account, the case is settled in terms of, Sec. 127C(7) of the Customs Act, 1962 on the following terms and conditions : (i) The duty payable is settled at Rs. 7,08,628/-. The applicant has paid the same and no more amount towards duty is due from the applicant. (ii) Immunity from penalty and prosecution, and also from fine in respect of the goods covered by B/E 20182 dated 24-10-2002 under the provisions of the Customs Act, 1962 is granted. (iii ..... X X X X Extracts X X X X X X X X Extracts X X X X
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