9911796707
TMI Blog2010 (6) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... ine-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} Shri. Ashok Jindal, Member (Judicial) Shri Brijesh P., Advocate for the Appellant Shri N.P. Jagasia, Advocate, Shri N.D. George, Advocate , Shri. B.P. Pereira, JDR for the Respondent JUDGEMENT Per : Ashok Jindal These appeals are filed by (a) DCM Shriram Industries Ltd. - the Exporter, (b) Asha Clearing Agencies (P) Ltd. - the CHA and (c) Omega Shipping Agencies Pvt. Ltd.- the Shipping Line. All the above three appeals filed by the appellants are against the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ger Bench decision in the case of Shiv Kripa Ispat Pvt. Ltd. vs. Commissioner of Central Excise & Customs, Nasik - 2009 (235) ELT 623 (Tri. LB) and submitted that redemption fine is not imposable on the appellant (the Exporter). He further submitted that the contention that the export copy of the shipping bill shall be issued after payment of bill is not correct as there is redemption fine payable by the appellant. Hence the impugned order is to be set aside. 5. The learned Advocate for the CHA submitted that the CHA has acted on the direction of the exporter and in this case the exporter has been exonerated from the penal action therefore, the CHA is not liable for any action of the shipping line as the goods were loaded on 21.05.08 as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perusal of the records, I find that it is an admitted fact that the container was loaded on the vessel without obtaining LEO on 21.05.08 and the vessel was sailed on the same day but the LEO was obtained on 22.5.08. 10. In this case the Commissioner has found that the exporter has not faulted or played any role for loading of the container on board the vessel without LEO. The delay on the part of the ship line which rendered the subject goods are confiscated are beyond the control of the exporter but he held as the goods were loaded without permission of the proper officer but goods were liable for confiscation and confiscated the goods. It is well settled law in the case of Shiv Kripa Ispat Pvt. Ltd. (supra) that when the goods are not a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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