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2015 (12) TMI 431 - AT - CustomsImport of new radial tyres on a date after 24.11.2008 when imports of such tyres were restricted by DGFT in terms of Notification No. 64(RE)/20082004-2009 dated 24.11.2008 - Confiscation of goods - Imposition of redemption fine and penalty - Held that:- There was a proforma invoice of 13-10-2008 in response to which part payment of US $.14,300/- was sent on 18.11.2008 which was prior to the imposition of restriction on 24.11.2008. Thus there is certainly substantial force in the contention of the ld. Consultant that all this amounts to concrete steps taken prior to 24.11.2008 for the import of the impugned goods because the appellant would not have been in a position to back out without the risk of losing money. In these set of circumstances, we agree with the appellant that making part payment against a proforma invoice would constitute concrete steps for import of impugned goods and as these steps were taken prior to 24.11.2008, the ratio of CESTAT judgement in the case of P.T. Impex Pvt. Ltd. (2015 (4) TMI 642 - PUNJAB & HARYANA HIGH COURT) would be applicable. - Redemption fine and penalty is set aside - Decided in favour of assessee.
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