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TMI Blog2007 (8) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... buyers in the domestic market including to the other 13 applicants. (b) A show cause notice was issued on the grounds that the import of the goods by M/s. Sameer Industries is not in conformity with the Customs law and provisions of Exim policy as the import was (a) without pre-shipment certificate (b) through a port which is not permitted for import of such goods (c) and imported material is hazardous waste and the same has been imported without having registered with Central Pollution Control Board in the Ministry of Environment Forest, Govt, of India, New Delhi and cleared such scrap in domestic tariff area to ineligible buyers. The show cause also alleged that the buyers have purchased the metallic scrap and the mixed peeling sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the same time vide their order dated 21-3-05, permitted disposal of the material with M/s Sameer Industries to the eligible categories of buyers. Since the confiscated goods are still with the customs, no pre-deposit of penalty should be ordered against M/s Sameer Industries. In respect of the buyers of the material, they have not violated any of the customs provisions regarding import as they are merely buyers and therefore the penalties imposed on them cannot be sustained, therefore, seeks waiver of pre-deposit. (e) The learned SDR reiterates the findings of the Commissioner and submits that there is a clear violation of Exim policy and the provisions of Hazardous Waste Management And Handling Rules, 1989 by the importer and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licants have not made out, prima facie, a case for waiver of total penalties imposed on them. Ms. Sameer industries are directed to deposit a sum of Rs 10 lakhs within 8 weeks from today. The other appellants are directed to deposit amounts as follows, within 8 weeks from today. All the applicants are directed to report compliance on 29.10.07 Subject to the pre-deposit as above, the pre-deposit of balance duty and penalties is waived and recovery thereof stayed during the pendency of the appeal. Non-compliance of the order of pre-deposit shall result in dismissal of appeal of the defaulting applicant without further notice to him. Rs. 1. M/s. Metal link Alloy Ltd. 30 lakhs 2. M/s. Stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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