Home Case Index All Cases Customs Customs + AT Customs - 2022 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 367 - AT - CustomsValuation of imported goods - Old and used digital multifunctional devices with standard acc. and attachments xerox - restricted goods or not - prohibited goods or not - goods were allowed to be imported under valid authorization which the appellant has failed to produce - HELD THAT:- The issue “Whether the said goods are prohibited or not?, the said issue has been examined by the Hon’ble Apex Court in the case of COMMISSIONER OF CUSTOMS VERSUS M/S. ATUL AUTOMATIONS PVT. LTD., AND PARAG DOMESTIC APPLIANCES [2019 (1) TMI 1324 - SUPREME COURT] wherein the Hon’ble Apex court observed The MFDs were not prohibited but restricted items for import. A harmonious reading of the statutory provisions of the Foreign Trade Act and Section 125 of the Customs Act will therefore not detract from the redemption of such restricted goods imported without authorisation upon payment of the market value. The Foreign Trade Act and the Section 125 of the Customs Act does not make any bar from redemption of such restricted goods imported without authorization on payment of duty on retail market value and there is distinction between what is prohibited and what is restricted. In those circumstances, the goods cannot be held absolutely confiscated or cannot be restricted for clearance for home consumption, hence, the imported goods are allowed to be cleared for home consumption on payment of redemption fine and penalty. The adjudicating authority are directed to release the goods to the appellant on payment of duty on enhanced value at ₹ 17,35,647/- and on payment of redemption fine of ₹ 50,000/- and a penalty of ₹ 20,000 under Section 112A of the Customs Act during the pendency of the issue of valuation. Appeal allowed by way of remand.
|