Home Case Index All Cases Customs Customs + HC Customs - 2010 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 736 - HC - CustomsConfiscation of goods and imposition of penalty - Misdeclaration and misdescription of the imported goods - The respondent is a 100% Export Oriented Unit licensed for the manufacture and export of Recycled Metal Scrap Ingots and Metal Alloys etc. - The respondent had imported used, old and damaged transformers which were nothing but scrap - Manufacture of Recycled Metal Scrap, in relation to its business the goods are nothing but scrap as the same have to be recycled to produce Recycled Metal Scrap. The respondent has no use for old, used and damaged transformers in such form, as the same have to be recycled to produce Metal Scrap - The respondent has no use for old, used and damaged transformers in such form, as the same have to be recycled to produce Metal Scrap - It is not even the case of the revenue that the old, used and damaged transformers are being repaired and used as such. - Tribunal, the adjudicating authority has not confirmed any demand of duty - Hence, respondent was eligible to import old/used/damaged transformers. Thus , the respondent assessee was not going to benefit on account of undervaluation or misdeclaration . Held that: the Tribunal justified in setting aside the confiscation of goods and imposition of penalty rendered on account of violation of provisions of the Customs Act, 1962 - The appeal is, dismissed in absence of any question of law, , much less a substantial question of law.
|