9911796707
TMI Blog2014 (11) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee has taken every step to import the goods manufactured by M/s. North China Pharmaceutical Victor Co. Ltd. of China as per the condition of indent and invoice issued by the supplier. The assessee came to know only of the fraud when the goods were sent to the Drugs and Control Department for obtaining NOC. As the goods imported by them are as per the licence given to them by the Drugs & Control Department, they have taken every steps to comply with terms and conditions of the licence. relying on the decision of Oriental Containers Ltd. (2003 (3) TMI 126 - HIGH COURT OF JUDICATURE AT BOMBAY) the confiscation of the goods and levy of the penalty is not required and confiscation is also set aside - Decided against Revenue. - C/730 & 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mption fine and penalty. Revenue is in appeal against the impugned order for not absolutely confiscation but allowed to be redeemed on payment of redemption fine. 3. During the course of argument, the ld. counsel for the assessee brought in the knowledge that impugned goods have been destroyed in the fire at CFS on 31-1-2010 before the out of charge was given. As the goods are not available, the question of absolute confiscation and redemption fine does not arise. Therefore, he restricted arguments for imposition of penalty on the assessee. It is the contention of the counsel that the assessee was not having any knowledge of the fraud played by the supplier of the goods. As he placed the order for import of the goods manufactured by M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see came to know only of the fraud when the goods were sent to the Drugs and Control Department for obtaining NOC. As the goods imported by them are as per the licence given to them by the Drugs Control Department, they have taken every steps to comply with terms and conditions of the licence. 7. In these circumstances, I find that the assessee is not having knowledge of the fraud played with him. Therefore, relying on the decision of Oriental Containers Ltd. (supra) the confiscation of the goods and levy of the penalty is not required. As in that case, the facts were similar to the facts of the case, wherein the Hon ble High Court held that when it was not in the knowledge of the importer as only at the time of examination it came to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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