9911796707
TMI Blog2013 (9) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... ven an option to redeem the same on payment of redemption fine - the redemption fine seems to be an excessive –redemption fine was reduced. Confiscation of goods - Penalty u/s 114 - the penalties were correctly imposed u/s114(i) - the act of the assessee in not providing the license for export of Urea had made such consignments liable for confiscation - The provisions of Section 114 mandate about imposition of penalty when the goods were liable for confiscation u/s113 - the penalty needs to be imposed on the assessee u/s114(i) – decided partly in favour of assessee. - C/420 of 2011 - - - Dated:- 1-2-2013 - MR.M.V. RAVINDRAN, J. For the Appellant: Shri Dhaval Shah, Advocate For the Respondent : Shri J. Nagori, A.R. JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09 dated 17.04.2009 UREA USP 2000 140627 2 Free 889/09 dated 15.05.2009 UREA ULTRA PURE 2000 139020 3 FREE - 1090/09 dated 16.05.2009 UREA ULTRA PURE 900 69795 4 FREE 1318/09 dated 15.07.2009 UREA USP 1000 69673 4. After due investigation and on a reasonable belief that the appellant has acted contrary to the restriction imposed in terms of Section 5 of the Foreign Trade (Development Regulation) Act, 1992 read with Para 1.1, 2.1, 2.4 2.29 of the Foreign Trade Policy, 2004-2009, by exporting/ attempting to export goods falling under IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities is excessive as the value involved in the entire transactions which were sought to be exported comes approximately Rs. Five lakhs. It is his submission that no penalty is imposable under the provisions of section 114(i) of Customs Act, 1962, as the appellant was exporting these items Urea as Pharmaceutical grade/ API (Active Pharma ingredients) and not as fertilizer and they were allowed the export by the lower authorities after granting them stuffing permission. It is his submission that such exports were not objected to by the lower authorities. 8. Learned Additional Commissioner (A.R.) appearing on behalf of the Revenue submits that the first appellate authority was considerate enough to reduce the penalty imposed on the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
