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2008 (9) TMI 746 - AT - CustomsConfiscation - Restriction on import of worn clothings - Held that - restriction was imposed after shipment of the goods - the confiscation of the goods and imposition of fine are not sustainable - reliance placed in the case of PRIYANKA OVERSEAS PVT. LTD. Versus UNION OF INDIA 1990 (11) TMI 145 - SUPREME COURT OF INDIA , where it was held that crucial date is when the goods were actually loaded in the ship and not the date of arrival of ship in the territorial water of India - appeal allowed - decided in favor of appellant.
Issues:
1. Import of restricted goods - Worn clothings. 2. Confiscation of goods for violation of Notification No. 7/2004. 3. Enhancement of value of imported goods. 4. Imposition of redemption fine and penalty. 5. Appeal against confiscation and redemption fine. Analysis: 1. The case involved the import of goods declared as "worn clothings" through Bill of Entry No. 399777 dated 1-1-2005, which were shipped on 26-10-2004. However, Notification No. 7/2004 dated 27-10-2004 restricted the import of such goods. The Adjudicating Authority enhanced the value of the imported goods, confiscated them, and imposed a redemption fine of Rs. 40,000/- along with a penalty of Rs. 10,000/-. The Commissioner (Appeals) set aside the enhanced value and penalty, leading to the appeal against confiscation and redemption fine of Rs. 40,000/-. 2. Upon review, it was observed that the goods were shipped before the imposition of the restriction through Notification No. 7/2004 on 27-10-2004. Citing the case of Priyanka Overseas Pvt. Ltd. v. Union of India - 1991 (51) E.L.T. 185 (S.C.), the Tribunal noted the Supreme Court's ruling that the crucial date is when the goods were loaded on the ship, not the ship's arrival in Indian territorial waters. Drawing parallels, it was established that in this case, the restriction was imposed after the shipment of the goods, making the confiscation and fines unsustainable. Following the Supreme Court's decision, the Tribunal set aside the impugned order, allowing the appeal with consequential relief. 3. The Tribunal's decision was based on the legal principle established by the Supreme Court regarding the crucial date for determining the applicability of import restrictions, emphasizing the actual loading date of goods. This interpretation aligned with the specific circumstances of the case, where the goods were shipped before the imposition of the restriction, rendering the confiscation and fines unjustifiable. The Tribunal's adherence to legal precedent ensured a fair and lawful outcome, ultimately providing relief to the appellant by overturning the initial decision of the Adjudicating Authority. 4. In conclusion, the Tribunal's detailed analysis and application of legal principles, as guided by the Supreme Court's precedent, resulted in the setting aside of the confiscation of goods and the imposition of fines. By prioritizing the accurate interpretation of relevant laws and timelines, the Tribunal upheld the principles of justice and fairness in its decision-making process, highlighting the importance of adherence to established legal norms and precedents in resolving disputes related to customs and import regulations effectively.
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