TMI Blog2002 (5) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... al against the adjudication order passed by the Commissioner of Customs. 2. Brief facts of the case are that the appellants filed two shipping bills for Export in respect of the goods declared as steel balls. On examination of the goods, it was found that, in fact, these were not mere steel balls but commercially known as steel ball retainers. The goods were taken into possession. During investi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts, ordered confiscation of the goods and gave option to redeem the goods on payment of redemption fine of Rupees one lakh. The adjudicating authority also disallowed the DEPB Credit in respect of the goods, in question, and also demanded Special Additional Duty of Customs along with interest. A penalty of Rs. 1.50 lakhs was also imposed under Section 114 of the Customs Act. 3. Heard both sides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods, in question, are described as ball retainers, which is a component of bicycle. These are used as various moving parts of the bicycle. On every page of the product literature, it is mentioned as ball retainers. Hence, the goods, in question, are commercially known as ball retainers. The steel balls are specifically put in retainer and this retainer is used as bearing in the moving parts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e credit amount in respect of the earlier consignments. Therefore, as this issue was not contested before the adjudicating authority, I find no merit in the arguments. Taking into consideration the facts and circumstances of the case, penalty imposed under Section 114 of the Customs Act is reduced to Rs. fifty thousand, otherwise the impugned order is upheld. - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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