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TMI Blog2016 (11) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... cht for personal use is second hand goods, other than second hand capital goods, import thereof is restricted and for import license, authorization from DGFT is required. Hence the goods is liable for confiscation. As regards the submission of the Ld. Counsel that as per licensing notes on chapter 89, the ships, vessels, boats etc. are allowed to be imported without a license; old ships, vessels etc., for the purpose of breaking, are freely importable, I am of the view that only new ships, vessels etc. and old ships, vessels etc. imported for breaking purpose are only freely importable. Whereas in the present case the Yacht imported by the Appellant is neither new nor for breaking purpose. Therefore the submission in this regard is of no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iving the show cause notice on the request of the Appellant. In the adjudication order, the Yacht valued at ₹ 48,34,310.46 was confiscated under Section 111(d) of Customs Act,1962 with an option to the Appellant for redemption of the Yacht on payment of fine of ₹ 7,50,000/- under Section 125 of the Customs Act, 1962. The appellant was also imposed a penalty of ₹ 100,000/- under Section 112(a) of the Customs Act, 1962. The adjudicating authority, for confiscation of the Yacht, given the reasoning that the Yacht being second hand goods for personal use, requires import license for import, which the appellant has failed to produce while filing the Bill of Entry. The appellant, being aggrieved by the adjudication order, filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dra 2009 (244) E.L.T. 340 (Bom) 5. I have carefully considered the submissions made by both the sides and perused the records. The appellant imported second hand Yacht without obtaining the licence. In the para 2.17 of the relevant Foreign Trade Policy 2009-14, it provides that second hand goods are restricted and second hand capital goods is freely imported. On going through the case of Anand Mahindra supra, I observed that in the said judgment the identical goods i.e. Yacht for personal use was imported. The division bench of the Tribunal as well as the Honble High Court held that the goods being second hand goods can be imported under lincence, there fore import of Yacht without obtaining licence is liable for confiscation, particula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, if any I . Second Hand Capital Goods Group (a) Restricted Category : (i)Personal computers/laptops: (ii)Photocopier machines / Digital multifunction Print Copying Machines (iii) Air conditioners (iv) Diesel generating sets Restricted Allowed to be imported only as per provisions of FTP, ITC (HS), HBP v1, Public Notice or an Authorisation issued for import of the specified second hand item. (b) Free Category: (i) Refurbished / reconditioned spares of Capital Goods Free Subject to conditions specified in para 2.33 of HBPv1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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