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TMI Blog2015 (11) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... t M/s Deepti jewellers filed a bill of entry dated 23.04.2013 for re-import of 39.630 grams goods (18K studded gold jewellery) having assessable value of Rs. 1,36,67,674/- seeking "nil" rate of duty benefit, under serial number 3 of notification number 94/1996Cus. dated 16.12.1996. The goods were earlier exported from PCCCC vide SB number 06224 dated 17/9/12. 3. That goods were examined in detail and as per the examination report, the goods were as per the declared description and quantity and their identity was established with respect to the export documents like shipping bill, export invoice and photographs certified at the time of export. It was however felt by revenue that the re-import was not within the time limit as prescribed in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y asked the consignee to settle the same for realizing the export proceeds before the end of financial year 2012-13, so as to close the custom bond. Subsequently the consignee on 14.03.2013 shipped the consignment back to the appellants. As such they were forced to re-import the said goods. 5. They learned Commissioner took notice of the conditions specified in Customs Notification No. 94/96 -Cus. dated 16/12/96 being - (1) the exporter shall re-import the items not sold abroad within 60 days of the close of the exhibition. However in case the exporter is participating in more than one exhibition, within 45 days of the first exhibition, then the period of 60 days will be counted from the closure date of last exhibition. (2) If exporter rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the deadline for re-import of unsold goods within 60 days from the close of the exhibition was thus not eligible for duty free re-import of the said goods, but attempted to do so claiming benefit of notification number 94/96Cus. Accordingly the learned Commissioner ordered for confiscation of the goods having assessable value of Rs. 1,36,67,674/ under section 111 (o) of the Customs Act with an option to redeem under section 125 on payment of redemption fine of Rs. 15 lakhs. Further penalty of Rs. 2 lakh was imposed on the appellant under section 112 (a) of the Customs Act. Being aggrieved the appellant is in appeal before this Tribunal. 7. The Counsel for the appellant Mr. S.P. Matthew urges that the issue involved in this appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the notification the impugned order is fit to be set aside. It is further urged that the Commissioner failed to appreciate that the goods in question are free for import and no permission is required for import of the goods in question. Consequently the Commissioner's is in error in holding the goods liable to confiscation under section 111 (o), holding that there is violation of the provisions of the foreign trade policy. It is further urged that the time limit of 60 days for re-import of jewellery, is not a prohibition. Accordingly for breach of the time limit of 60 days, no confiscation can be ordered and accordingly the impugned order is fit to be set aside. 8. The appellant further prays that this Hon'ble Court on allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng or recasting abroad. 11. Having considered the rival contentions, we hold that the condition of 60 days, as provided in the foreign trade policy, is not a prohibition and we further hold that as the goods have been re-imported within a period of 6 months as provided in the notification, read with the foreign trade policy, the appellant is entitled to the benefit of exemption notification number 94/96 Cus. Thus, the appeal is allowed in favour of the appellant with consequential benefits. We direct the concerned authority, the Commissioner of Customs, C.S.I. Airport, Mumbai to release the goods in question, within seven days of receipt or production of a copy of this order. The impugned order is set aside. 12. That the appeal stands a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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