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TMI Blog2017 (10) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... k was supposed to be cleared under Notification no.52/03. When the appellant was unable to fulfill the condition they immediately paid the customs duty and cleared the goods, the conduct of the appellant is clearly bonefide. The goods were rightly confiscated but the appellant deserve some leniency in view of the conduct of the appellant and in absence of any malafide intention, therefore redem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chapter 87, the vehicle shall have right hand steering, and controls. (b) The truck has a speedometer indicating speed in miles, while as per para (I)(II)(b)(ii) of Import Licencing Notes, the vehicle shall have a speedometer indicating speed in kilometers (c) As per para (I)(II)(iii) of the Import Licensing Notes, the vehicle shall have photometry of the head lamps to suit keep left ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided by intimating their letter dated 10-7-2006 to clear the truck on payment of full duty. The truck was cleared on payment of full duty, however there were some deficiency as regard the compliance of import licence Note of chapter 87 of the ITC HS Policy. In this regard, she submits that since the truck was meant for R D purpose and it was not suppose to be driven on road, the deficiency were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o violate any condition of licence provisions. Initially truck was supposed to be cleared under Notification no.52/03. When the appellant was unable to fulfill the condition they immediately paid the customs duty and cleared the goods, the conduct of the appellant is clearly bonefide. However, it is admitted fact that there are some deficiency as regard the non compliance of licence note in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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