TMI Blog2016 (11) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal against the impugned order for imposing redemption fine and penalty on them. 1. The fact of the case are that the appellant imported one consignment declaring goods as heavy melting scrap. The goods were examined and found are re-rollable scrap. It was also found that the weight of the consignment was also shown as 96.750 MTs of heavy melting scrap whereas it was found as 106.200 MTs. On th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely used by the appellant for melting in their own furnace. The certificate of origin also shows as those goods are heavy melting scrap. In that circumstance, the redemption fine and penalty is not imposable on the appellant. He further submits that it was the mistake of supplier showing less weight instead of the actual weight found of the consignment at the time of examination and there was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclared weight, therefore, the goods are rightly held liable for confiscation by the lower authorities. Therefore, I do agree with the impugned order that on account of excess weight, the goods are liable for confiscation. As the goods impugned are not restricted goods therefore, they can be released on payment of redemption fine and penalty. Further, I find that the redemption fine & penalty impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|