TMI Blog2011 (5) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... nly by an amendment in Policy by the Central Government and not by Policy Circulars issued by DGFT. The aforesaid Policy Circulars of the DGFT were held to be only clarificatory and not mandatory, order is set aside and this appeal is allowed, appeal stands disposed of - C/494/2006 - 351/2011 - Dated:- 10-5-2011 - S/Shri P.G. Chacko, B.S.V. Murthy, JJ. REPRESENTED BY : None, for the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act and also to impose penalty on the importer under Section 112 of the Act. The original authority ordered confiscation of the goods with option for redemption against payment of fine of Rs. 45,000/-. It also imposed a penalty of Rs. 15,000/- on the importer. In an appeal filed by the assessee, the learned Commissioner (Appeals) only reduced the quanta of fine and penalty to Rs. 35,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any restriction to importation of secondhand capital goods could be placed only by an amendment in Policy by the Central Government and not by Policy Circulars issued by DGFT. The aforesaid Policy Circulars of the DGFT were held to be only clarificatory and not mandatory. Thus, we find that the appellant is benefited by the Hon ble Supreme Court s judgment. 4. In the result, the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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