2005 (1) TMI 156

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..... pipe lines under sea water. In the month of October 1996, they were given sub-contract by M/s. Hyndai Heavy Industries Ltd., the main contractors of M/s. Indian Oil Corporation Limited, Refineries and Pipeline Division, to work on pipeline project at Narara Bet land fall, Vadinar (Gulf of Kutch), for the installation of the new SBM pipeline. They were given to understand that they could import in .....

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..... eir Imports could be allowed only on as against specific Import Licence. The Appellant after completion of the contract at site requested for re-export of the said two containers along with equipments and spares contained therein. Reserve Bank of India, Ahmedabad has given no objection for the re-export of these goods vide their letter dated 11-1-1997. The Commissioner holding the ignorance of law .....

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..... The liability to confiscation of goods restricted for import is upheld. However on perusal of the order the determination of MOP is not seen and the ld. DR fairly conceded that Margin of Profit (MOP) determination in this case are not seen to have been arrived. This was required under the provisions of Section 125 of the Customs Act, 1962. Clearance of same on the fine as imposed cannot be uph .....

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