Home Case Index All Cases Customs Customs + AT Customs - 2010 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (2) TMI 442 - CESTAT MUMBAIWaste and Scrap - It was also reported that the import of hazardous waste without prior permission of the Government amounted to illegal traffic under Rule 15 of the said Rules and hence the material should be shipped back to the exporting country or disposed of in terms of Rule 15(2) of the said Rules. The importer, in a letter dated 10-11-08, requested for release of the HMS and agreed to re-export the hazardous waste at their cost. They also waived show-cause notice and personal hearing, and requested for early decision. They also agreed to pay fine, penalty and duty. Held that - confiscation under section 111(d) sustainable as hazardous plastic scrap import prohibited. HMS not prohibited and not liable for confiscation. Redemption fine of Rs. 50,000 appropriate. Plastic scrap not deliberately imported and penalty reduced to Rs. 50,000.
|