9911796707
TMI Blog2013 (9) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... d in table of Para 1 of the adjudicating authority's order. Among the goods Srl. No. 1,2, & 17 found to be restricted items as per Import Export Policy at ITC (HS) 31021000, as they are not permitted for export unless license has been issued for the purpose. The details as under:- S. No. Description of Goods Quantity (Kgs.) Value (in Rs.) 1 UREA USP 750 32434 2 UREA USP 750 32434 3 UREA ULTRA PURE 1000 67270 Accordingly, the above goods were not allowed for export and placed under seizure vide Panchnama dated 30.7.2009 considering that said goods are liable for confiscation. 3. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose redemption fine under Section 125 of Customs Act, 1962. 5. The adjudicating authority, after following the due process of law held the goods exported were prohibited and order for absolute confiscation of the goods which was seized under Panchnama and imposed the penalty of Rs. Five lakhs. Aggrieved by such an order, appellant preferred an appeal before the first appellate authority. The first appellate authority, after considering the submissions made before him and also hearing the counsel, came to a conclusion that the absolute confiscation was unwarranted and coming to this conclusion, has set-aside the confiscation and given the option to redeem the same on payment of redemption fine of Rs. 65,000/-. He also reduced the penalty i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seems to be an excessive. Interest of justice will be served if such redemption fine is reduced to Rs. 40,000/-. Accordingly, the impugned order to that extent is modified and the release of goods is ordered on payment of redemption fine of Rs. 40,000/- (Rupees forty thousand only). As regards the penalties imposed, I find that the penalties are correctly imposed under the provisions of Section 114(i) of the Customs Act, 1962, inasmuch as that the act of the appellant in not providing the license for export of Urea has made such consignments liable for confiscation. The provisions of Section 114 of the Customs Act, 1962 mandate about imposition of penalty when the goods are liable for confiscation under Section 113 of the Customs Act, 1962. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
