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TMI Blog2015 (10) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... f various provisions under Import/Export Exim Policy and Customs Act therefore confiscation of goods is justified – Appellant-firm has already paid duty during investigation and there is no sufficient materials available on record for imposition of penalty on partners of both firms – Therefore impugned order is modified in so far as demand of duty alongwith interest upheld, penalty and redemption fines imposed are reduced – Decided partly in favour of Assesse. - Appeal No. : C/125,126,151,152/2007 - ORDER No. A/10732-10735/2015 - Dated:- 13-5-2015 - Mr. P.K. Das and Mr. H.K. Thakur, JJ. For The Assessee : Shri Mukund Chouhan, Chartered Accountant For The Revenue : Shri L Patra, Authorised Representative Per : Mr.P.K. Das, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said quantity of imported POY to M/s Alpha without cover of any documents. The seized goods were released provisionally to both the firms on execution of Bond backed by bank guarantee. Both the firms paid duty involved on these seized goods. 4. A show cause notice dated 5.5.2003 was issued to both the firms and its partners. The Adjudicating Authority confiscated the seized imported POY 14399.438 kgs provisionally released to M/s Cosmic and imposed redemption fine of ₹ 3,00,000/- and also confirmed the demand of duty of ₹ 5,79,310/- alongwith interest and imposed penalty under Section 112 of the Customs Act. It has also appropriated duty as paid by them during the investigation. The Adjudicating authority confiscated the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt received the imported goods, which are notified under Section 123 of the Customs Act, without cover of any documents and the appellant are liable to pay the duty. Hence, the confiscation of the goods, received without any valid documents, is justified. He further submits that the appellant and its partners knowingly received the goods without the cover of the documents and the imposition of penalty are warranted. 8. After hearing both the sides and on perusal of the records, we find that the goods in question are notified items under Section 123 of the Customs Act 1965. The appellants had not disputed the receipt of imported POY without any documents. The appellant did not dispute the demand of duty under Section 28(1) read with Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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