TMI Blog1999 (9) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... ur and two were black in colour. 2. The Exim Policy prevalent at the time of the import of the marble required a specific import licence. The importers were not in possession of the licence. 3. The importers waived issue of the formal show cause notice. In the impugned order of the Commissioner of Customs, Pune, the consignments were held as unauthorisedly imported. It was also held that there was a mis-declaration in the weight of the consignments. On this ground the marble was confiscated under Section 111(d), 111(i) and 111(m) of the Customs Act, 1962. The importers were permit ted to clear the marble on payment of fine of Rs. 48 lakhs. A penalty of Rs. 10 lakhs was also imposed. Against this order an appeal was filed and also an app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants submit that this is excessive . 9. Shri Balani submitted that subsequent to the importation the Exim Policy underwent the change. Where the marble imported is valued at over US $ 300 per MT, the clearance thereof could be effected on a Special Import Licence. It is his submission that the Special Import Licences are given to all exporters, these are transferable licences and they are so plentiful in the market that the premium commanded by them is between 2 - 3%. In support of this statement he placed on record a circular issued by M/s. Karan Traders Pvt. Ltd., brokers in transferable licences. After this policy came into force, the importers had taken to declaring the value of marble at US $ 300 or higher even when the actual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntum of fine imposed by him with the market prices then prevalent, is not of material importance to the facts before us. That is because the submissions on the clearances made on the strength of SILs have changed the situation entirely. The situation is reflect ed in the fines being imposed by the Commis sioner on marble consignments. In the case of the same importers, goods valued at Rs. 23,72,261/- were allowed redemption in July 1999 on payment of fine of Rs. 7.5 lakhs and penalty of Rs. 50,000/- imported by them vide Bill of Entry No. 11643, dated 29-4-1999. The clearance of this consignment was done under SIL. 12. The market value of marble would depend upon the forces of demand and supply. The fact of depression of market prices is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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