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2009 (8) TMI 928

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..... ics in four varieties. The materials allowed to be imported under the DFRC licence were Grey Cotton Fabrics falling under ITHS 5208 11 90; based on a letter dated 16-10-2006 of M/s. Sri Krishna Spinning & Weaving Mills (P) Ltd. Bangalore (hereinafter referred to as M/s. Sri Krishna) to whom the licence was granted, the item code of the licence was amended as 5801 22 10 but the description of the input i.e., Grey Cotton Fabrics, allowed to be imported, was not amended. Since the imported goods were covered under sensitive list of Para 4.31 of the EXIM Policy 2004-09 read with notification above mentioned, quality, technical characteristics and specifications of the imported goods were required to be the same as those of the inputs used i .....

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..... abrics with an option to redeem the same on payment of a fine of Rs. 4 lakhs together with a payment of appropriate duty, and imposed penalties of Rs. 47,77,520/- on the importers, Rs. 2 lakhs on M/s. Sri Krishna, Rs. 4 lakhs on Shri Shivshankar and Rs. 5 lakhs on Shri Y.M. Vinay. Hence these appeals. 3. We have heard both sides. Misdeclaration of the description of the goods is clearly established as the goods were found to be corduroy fabrics instead of cotton grey fabrics as declared. The contention of the importers that the broad description of cotton grey fabrics covers cotton corduroy fabrics also cannot be accepted as cotton grey fabrics are different from cotton corduroy fabrics - they fall for classification under different Chapter .....

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..... RC licence. For the same reason, Shri Shivashankar is also liable to penalty. Shri Vinay is also liable to penalty in view of his admission that he has placed an order for import of 100% Cotton Corduroy Fabrics with intent to clear the goods without payment of duty by using DFRC licence, which did not cover the import. However, having regard to the totality of facts and circumstances of the case, we reduce the penalties on these three appellants as under : S. No. Name of the Appellant/s Penalty (in figures) (in words) (i) M/s. Sri Krishna Spinning & weaving Mills (P) Ltd. Rs. 1,00,000/- Rupees One Lakh only (ii) S. Shivashankar Rs. 2,00,000/- Rupees Two Lakhs only (iii) Y.M. Vinay Rs. 2,50,000/- Rupees Two Lakhs and Fifty Thousand only .....

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