2017 (9) TMI 1392

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... se, by reducing the redemption fine imposed u/s 111(m) to ₹ 50,000/- and penalty imposed u/s 112 (a) ibid to ₹ 10,000/- - appeal allowed - decided partly in favor of appellant. - C/00352/2008 - Final Order No. 41241/2017 - Dated:- 17-7-2017 - Smt. Sulekha Beevi C.S., Member (Judicial) and Shri Madhu Mohan Damodhar For the Appellant Shri N. Viswanathan, Adv. For the Respond .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rder dated 06.05.2005, inter alia, confirmed these proposals. He further ordered confiscation of the goods under section 111(m) ibid. However, he allowed the importer to redeem the same on payment of fine of ₹ 2,10,000/- Penalty of ₹ 40,000/- under section 112 (a) ibid was also imposed on the importer. 2. Today, when the matter came up for hearing, on behalf of the appellants S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the case, they cannot be confiscated for want of a specific import licence and accordingly, the provisions of section 111 (d) and 111 (m) ibid will not be applicable in this matter. However, there is also enhancement of assessable value by almost 100% from USD 26,060 to USD 61,705 and hence, the goods will become liable for confiscation under section 111 (m) of the Act. However, taking into accou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X