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TMI Blog2001 (3) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2.I have heard Shri Naresh Thacker for the appellants and Shri A.K. Jain, for the Revenue. 3.A Second Hand Injection Moulding Machine was imported. The Bill of Lading was in the name of M/s. Nisu Products. The IGM listed the importer as M/s. Nisu Products which was a partnership firm with Shri Ramesh Nahata, as a partner. Shri Ramesh Nahata was also a Director of a related company called M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the EXIM Policy AM 92-97 specified as under : "All Second-hand capital goods, having a minimum residual life of 5 years, may be imported by the Actual Users, without a licence, subject to Actual User condition. The Actual User shall furnish to the Customs at the time of clearance of goods, a self declaration to the effect that the second-hand capital goods being imported have a minimum resid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration under the State Directorate of Industries was not in possession of the importer. On this ground he held the goods as unauthorisedly imported. He confiscated the goods but allowed redemption thereof on payment of a fine of Rs. 2 lakhs and also imposed a penalty of Rs. 50,000/- on M/s. Nisu Products. Appeal No. C/453/95-Mum is filed against this order. 6.Appeal No. C/452/95-Bom. is filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the clearance was made only thereafter. In dealing with a benefit to be derived by the SSI unit under the Central Excise, the Tribunal in their order reported in 1999 (106) E.L.T. 181 (Tribunal) Welbeck Pharmaceuticals Pvt. Ltd. v. Commissioner of Central Excise, New Delhi observed that the Registration Certificate should be held to be effective from the date of application and not from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces. One invoice mentions a figure, which shows the buyers on M/s. Wai Wai Stationary. The bill of lading however, does not refer to that invoice I therefore find force in the submission that Shri A.K. Jain that there is no co-relation and therefore no support in the claim of M/s. Wai Wai Stationary that they were and should have been acknowledged to be the importer. I therefore accept this plea t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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