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2015 (4) TMI 415 - HC - CustomsImposition of penalty and redemption fine - benefit of notification No.52/2003 - Import of certain quantity of gold jewellery for the purpose of re-export after repair/remaking - exemption denied in respect of import of marketable commodity being one weighing 3197.200 gms finished ladies gold chain (twisted rope type), normally worn with pendants - Held that:- The importation of old gold/platinum/silver jewellery, if imported for repair or remake for re-export, is exempted from payment of custom duty. The appraiser report - which does not appear to have been challenged in the present instance, clearly points out that 3197.200 gms gold chain, were “finished” and compared with the other items imported - concededly three of them were not marketable. The appellant urges that one of the items allowed to be imported, described as "assorted gold bangles of different designs/sizes, appears to be old but not used", like subject goods were finished products. However, this Court notices that the description itself facially suggests that these items were lacking in lusture and further processing such as polishing would enhance the lusture to make the product for marketable. The exercise of appraisal not having been challenged, the terms of the notification itself permit a certain element of discretion with the customs authority, who after taking into account the nature of the goods could permit them to be imported as items prescribed or determine the duty. - discretion having been exercised in the first instance and the appellant having been given a hearing at the show cause stage, this Court does not see any question of law which can be termed as substantial to engage attention. - Decided against the assessee.
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