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2019 (1) TMI 1510 - AT - CustomsValuation of imported goods - Processed Betel Nuts - N/N. 12(RE-2013)/2009-14 dated 13.05.2013 - whether the betel nuts are liable for confiscation by declaring value which were lesser than the price fixed by the DGFT in the Notification - Held that:- The issue is no more res-integra in view of the decision of the Hyderabad Bench of this Tribunal in the case of International Seaport Dredging Ltd. vs. C.C. & S.T., Visakhapatnam [2016 (11) TMI 176 - CESTAT HYDERABAD]. The Tribunal has taken the view that as the goods were cleared after collecting duty on the basis of tariff rate, it cannot be held that the goods are prohibited - In the present case also, it is the Revenue’s contention that the goods being of lesser value, required a licence and thus has to be considered as prohibited. However, the decision of the Tribunal in the case of International Seaport Dredging Ltd. vs. C.C. & S.T., Visakhapatnam is squarely applicable to the facts of the present case. There are no justifiable reasons to confiscate the betel nuts in question. Penalty u/s 112(a) of FA - Held that:- Penalty in terms of Section 112(a) of the Customs Act is imposable where a person does anything or omits to do anything rendering the goods liable to confiscation - The imposition of penalty upon the appellant is also not justifiable and the same is accordingly set aside. Redemption fine imposed under Section 125 of the Customs Act, 1962 is set aside. Appeal allowed - decided in favor of appellant.
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