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TMI Blog2010 (3) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... to produce Metal Scrap - The respondent has no use for old, used and damaged transformers in such form, as the same have to be recycled to produce Metal Scrap - It is not even the case of the revenue that the old, used and damaged transformers are being repaired and used as such. - Tribunal, the adjudicating authority has not confirmed any demand of duty - Hence, respondent was eligible to import old/used/damaged transformers. Thus , the respondent assessee was not going to benefit on account of undervaluation or misdeclaration . Held that: the Tribunal justified in setting aside the confiscation of goods and imposition of penalty rendered on account of violation of provisions of the Customs Act, 1962 - The appeal is, dismissed in absen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as waste and scrap of transformers under Bill of Entry dated 6th January 2004 and claimed exemption from Customs Duty under Notification No. 52/2003 dated 31st January 2003 and from Special Additional Duty under Notification No. 52/2003 dated 31-1-2003. Upon examination of the goods in question, the Department was of the view that the imported goods were not scrap, but old and used transformers, which was also confirmed by an expert and issued a show cause notice dated 29th January 2004. The show cause notice came to be adjudicated vide order dated 30th January 2004, whereby the adjudicating authority ordered confiscation of the goods and also imposed penalty under Section 112A of the Customs Act, 1962 (the Act). Being aggrieved, the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uation of the goods cannot be upheld inasmuch as the respondent assessee was not going to be benefited from the same. 5. The record of the case indicates that the respondent is a 100% Export Oriented Unit licensed for the manufacture and export of Recycled Metal Scrap Ingots and Metal Alloys etc. From the findings recorded by the Tribunal it is apparent that the respondent had imported used, old and damaged transformers which were nothing but scrap. According to revenue the goods ought to have been declared as old, used and damaged transformers and not scrap. However, whether the goods in question are described as used, old and damaged transformers or scrap is only a matter of nomenclature. Considering the nature of business of the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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