2011 (5) TMI 791

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..... goods - Held that:- any restriction to importation of secondhand capital goods could be placed only by an amendment in Policy by the Central Government and not by Policy Circulars issued by DGFT. The aforesaid Policy Circulars of the DGFT were held to be only clarificatory and not mandatory, order is set aside and this appeal is allowed, appeal stands disposed of
S/Shri P.G. Chacko, B.S.V. Murt .....

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..... cate the same under Section 111(d) of the Customs Act and also to impose penalty on the importer under Section 112 of the Act. The original authority ordered confiscation of the goods with option for redemption against payment of fine of Rs. 45,000/-. It also imposed a penalty of Rs. 15,000/- on the importer. In an appeal filed by the assessee, the learned Commissioner (Appeals) only reduced the q .....

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..... (S.C.)]. The Hon'ble Supreme Court held that any restriction to importation of secondhand capital goods could be placed only by an amendment in Policy by the Central Government and not by Policy Circulars issued by DGFT. The aforesaid Policy Circulars of the DGFT were held to be only clarificatory and not mandatory. Thus, we find that the appellant is benefited by the Hon'ble Supreme Court's judg .....

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