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2011 (1) TMI 113 - AT - CustomsWaiver of pre deposit - This appeal is directed against the ld. Commissioner s order confiscating the goods in question under Sec.111(d) of the Customs Act (with option for redeeming the same on payment of a fine of Rs. 30 lakhs), and imposing a penalty of Rs. 20 lakhs under Sec. 112(a) of the Act - The Hon ble High Court held that it was not open to the DGFT to alter the import policy provision by way of circulars instead of Notifications required to be issued under Sec.5 of the Foreign Trade (D & R) Act, 1992 - According to the import policy, such sheets were freely importable during the period of dispute and hence prima facie, not liable to be confiscated - The appeal stands allowed by way of remand
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