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TMI Blog2022 (8) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... re-export which restricts the present proceedings to confiscability of the goods and imposition of penalty. The impugned goods are permitted to be imported only by specified agencies; this is not a measure of protection but is mere extension of the scheme of petroleum product distribution in India. It, therefore, begs the question of wherewithal available to the appellant to undertake storage and marketing of diesel. It is also less than certain that potential customers could be persuaded to procure a commodity, that is considered to be adulteration-prone, from an unknown entity - the failure to ascertain the market value is in breach of section 125 of Customs Act, 1962. The fine demanded for redemption must be set aside on that count al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of penalty of ₹ 20,00,000 and ₹7,00,000 respectively under section 112(i) and 112(ii) of Customs Act, 1962. 2. Learned Counsel for the appellant informed that, having placed order for base oil grade-12 on their supplier, M/s Global International Trade Link FZE, UAE, bill of entry no. 8636740/29.08.2020 was filed for clearance of 186.99 MTs and self-assessed to duty of ₹ 19,33,894 at the rate corresponding to the declared description by computation of basic customs duty at 5% and of integrated tax at 18%. He narrated that consequent to receipt of report of test carried out by Dy Chief Chemist, Jawaharlal Nehru Custom House (JNCH) indicating the sample to conform to parameters typical of 'high flash high speed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear goods at lower duty, merited the treatment accorded in the impugned order. 5. It is not in dispute that the impugned goods are high flash high speed diesel which is canalised for import and did not conform to declaration in the bill of entry; consequently, the application of the appropriate rate of duty cannot be cause of cavil. Though appellant did challenge the denial of effective rates of duty, that grievance is academic in the backdrop of intention to re-export which restricts the present proceedings to confiscability of the goods and imposition of penalty. 6. Interestingly, both the lower authorities proceeded on the foundation of goods having been established as other than claimed in the bill of entry to justify confisca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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