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TMI Blog2011 (6) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... notification issued under the provisions of Section 11 (2) (n) & (u) relates to goods which are prohibited to be imported issued under Section 53 of the Copyright Act, 1957 which also relates to importation of infringing copies. The department could not produce anything contrary to the above. Commissioner's order is not sustainable in law. The same is set aside and the appeals is allowed. - C/1294 & 1295/2009-Mum. - A/258-259/2011-WZB/C-IV(SMB) - Dated:- 23-6-2011 - Mr. S.K. Gaule, J. Appearance Shri Subba Reddy, Consultant for Appellant Shri B.P. Pareira, JDR Authorized Representative Heard both sides. 2. The appellants filed these appeals against order-in-original No. 29/2009-Commr(Exp.) dated 15.9.2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partner of the appellant under Section 114(i) of Customs Act, 1962. Hence the present appeal. 5. The Ld. Counsel submitted that allegations made against them are regarding infringement of provisions of Section 51 (a) (b) of Indian Copyright Act, 1957 and 11(2) (n) (u) of the Customs Act,1962 read with Section 113(d) of Customs Act, 1962. The contention is that the said provisions relates to import of goods. Section 53 of Copyright Act, 1957 also relates importation of infringing copies. He also submitted that Section 11 of the Customs Act, 1962 provides that if the Central Government is satisfied that it is necessary so to do for any of the purposes specified in sub-section(2), it may, by notification in the Official Gazette, proh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 113(d) of the Customs Act for contravention of Section 51(a) (b) of Indian Copyright Act, 1957 and sub-section (n) (u) of Section 11(2) of Customs Act, 1962 for the better appreciation of the relevant provisions of law are reproduced hereunder:- 51.When copyright infringed- Copyright in a work shall be deemed to be infringed- (a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the condition of a licence so granted or of any condition imposed by a competent authority under this Act. (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or (ii) permits for profit a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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