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TMI Blog2018 (2) TMI 1506X X X X Extracts X X X X X X X X Extracts X X X X ..... DGFT vide Notification No.64/2008 dated 24.11.2008 amended the policy which reads as ‘Import Policy for the item ‘Seamless Tubes/Pipes’ under 4 digit Exim Code ‘7403’ will be amended to read as ‘Restricted’ (instead of ‘free’). However, this restriction imposed on import was lifted subsequently by DGFT vide Notification No.81/2008 dated 16.1.2009. Held that: - the appellant-importer has bonafi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary The issue in this appeal is whether the goods imported by the appellant being two consignments of 3-1/2 OD Tubing (seamless pipes) for which Bill of Entry was filed on 19 th and 22 nd January 2009 respectively and whether the confiscation has rightly been held to be made under Section 111(d) of the Customs Act with option to redeem on payment of fine of ₹ 2,05,74,738/- and further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the State Bank of India on 21.11.2008 i.e. before the issue of Notification No.64/2008, which was issued/opened by the Bank on 24.11.2008 i.e. the date on which the notification imposing restriction on future import of such goods was issued by DGFT. However, as the goods arrived into India after issue of the notification restricting the import of such items, the clearance of these consignments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 550001393 on 18.2.2009 specifically covering the goods in question. 3. Heard the parties. 4. Having considered the rival contentions, we find that the appellant-importer has bonafidely imported the said goods and has undertaken effective steps for importing the same when that was freely importable prior to 24.11.2008 and further the restriction imposed under Notification No.64/2008 stood wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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