9911796707
TMI Blog2007 (6) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... iesel Oil (HSD) imported by the appellant M/s. Adani Exports Ltd. with an option to them to redeem the same on payment of redemption fine of Rs. 75 lakhs. In addition, personal penalty of Rs. 25 lakhs had been imposed on them in terms of provisions of Sections 112(a)(ii) of the Customs Act, 1962. Personal penalty of various amounts have also been imposed upon other appellants in terms of Section 112 of Customs Act. 2. We have heard S/Shri J.C. Patel W. Christian, learned Advocates appearing for appellants and Shri Samir Chitkara, learned SDR for the Revenue. 3. As per facts on record, M/s. Adani Exports Ltd. imported 5104.00 MT of HSD oil under the agency of M/s. Saheli Synthetics (P) Ltd., who is a 100% EOU. In as much as HSD is a ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that M/s. Saheli Synthetics (P) Ltd. has not disputed having given a letter of authority to M/s. Adani Exports Ltd., and as such, it can t be concluded that the import was without any authority of law, we find that during the course of adjudication, appellants pleaded that in terms of provisions of Para 4.16 of the Import-Export Policy, any person is allowed to import goods other than prohibited goods and store them in private/public bonded warehouse. Such goods may subsequently be cleared from warehouse for home consumption against licence, wherever required and in terms of the policy. Subsequent to the seizure of the goods, the same were provisionally released and deposited in the private warehouse. As per clarification issued by DGF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T s clarifications on the point. It is further seen that the said provisions require clearance from bonded warehouse against licence wherever required. Para 4.24 of the policy is to the effect that the goods already imported/shipped/arrived in advance, but not cleared from customs may also be cleared against the licence issued subsequently. As such, the policy itself recognized issuance and production of licence subsequent to the actual act of importation and storing in the bonded warehouse. It is settled position of law that benefit available under alternative provisions of law, if otherwise admissible, can always be claimed by the assessee and is required to be examined benefit in terms of provisions of para 4.15 of Import-Export Policy c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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