2013 (9) TMI 1147

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..... with Ms. Suchitra Kamble for the Respondent. JUDGEMENT Appeal is admitted on the following substantial questions of law. a) Whether the Tribunal was correct in holding that the vessel Smit Borneo was liable to confiscation under Section 111(f) of the Customs Act, 1962 on the premise that the vessel had not been declared as goods in the IGM even though the established practice was that the C .....

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..... nt in respect of the vessel Smit Borneo by reducing it to ₹ 5.00 lacs. 4) In the facts and circumstances of the case and in view of the provisions of Section 131 of the Customs Act, 1962 we are not inclined to grant any ad interim/interim stay against the direction for payment of penalty of ₹ 5.00 lacs in respect of vessel Smit Borneo. 5) Mr. Bhat, learned Counsel for the appellant s .....

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..... ." 7) Learned Counsel for the appellant submits that though as indicated in the communication the intended import of the vessel will be treated as fresh import and the assessment will be done after the bill of entry is filed, the vessel may still be confiscated in view of the impugned order of the Tribunal holding that the vessel Smit Borneo is liable for confiscation. 8) Having heard the learne .....

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