9911796707
TMI Blog2024 (4) TMI 1097X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative for the Revenue ORDER R. MURALIDHAR : On 16.06.2016 the Officers of SSB intercepted a truck bearing registration No.BR-01-GB-0383. In the truck, plastic scrap and granules were found which were of Nepalese origin. The truck and the goods in question were seized on 16.06.2016 and Seizure Receipt was issued by the officials. The present Appellant Shri Bindeshwari Poddar, who is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of redemption fine of Rs.1,30,000/-. The vehicle owner Shri Abhay Kumar was imposed with a penalty of Rs.20,000/-. The present Appellant Shri Bindeshwari Poddar was imposed with a penalty of Rs.14,854/-. The owner of the vehicle has not preferred any Appeal. 2. The Ld.Counsel appearing on behalf of the Appellant Shri Bindeshwari Poddar (owner of M/s. Rachna Enterprises) submits that initially th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oves that they were moving only the properly imported goods within India. 4. She also points out to the fact that the Assistant Commissioner, Jogbani has intimated the Customs officers of Forbesgunj that the seized plastic scrap has been imported legally under Bill of Entry No.5638434 dated 20.06.2016. 5. Based on these facts, she prays that the impugned order may be set side and the Appeal may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the documentary evidence clarifies that the Appellant had imported the 11,000 kgs. on 15.06.2016 vide Bill of Entry No.5638434, which is also affirmed by the Asstt. Commissioner and the invoice raised by them is for 10,000 kgs., whereas, the goods in question were weighted at 9388 kgs.. Reading together all these documents, I find that enough evidence has been provided by the Appellant to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd only).
11. The Appellant has made a Security Deposit of Rs.64,854/-. This amount should be utilized to appropriate the redemption fine of Rs.20,000/- in respect of granules and the penalty imposed on Shri Bindeshwari Poddar and against the balance Customs duty and interest to be paid by the Appellant.
12. The Appeal is disposed of thus.
( Dictated and pronounced in the open Court. ) X X X X Extracts X X X X X X X X Extracts X X X X
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