TMI Blog1980 (9) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... case covered 13 bills of entry. Total fine in lieu of confiscation was determined at ₹ 9,93,000/- and personal penalty was fixed at ₹ 2,71,000/- 2. Order No. SG-8677/A S/10-24/79 SIIB dated 11-4-1979. In this case fine in lieu of confiscation was ₹ 75,000/- and penalty ₹ 75,000/- and penalty ₹ 27,000/- 3. Order No. SG-86-BA/77A S/10-12/78L SIIB dated 9-1-1979. In this case the fine in lieu of confiscation is ₹ 1,25,000/- and penalty ₹ 25,000/- 4. Order No. SG-86/77A S/10-83/78L SIIB dated 9-1-1979 In this case the fine in lieu of confiscation was ₹ 1,25,000/- and penalty ₹ 25,000/-. 2. The short question that arises for Government s consideration in these f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectively in respect of sale notes PY/189 and PY/190. The plea of the petitioner is that on 5-10-1977 when the letters of credit were amended merely with respect to the period of shipment it did not amount to a fresh commitment and that the commitments already entered into by way of irrevocable letters of credit on 29-8-1977 read with the amendment dated 30-8-1977 remained unchanged. That being so the plea is that there was no fresh commitment in order to attract the ban on the import of the goods in question which was imposed in terms of Public Notice PN 67/77, dated 2-9-1977. The import documents in question also do not in terms refer to sale notes PY/189 and PY/190 but these refer to PY/189 A and PY/190 A. This has been explained by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etters of credit. However, when they agreed to the amendment of the letters of credit with respect to the date of shipment, it was not merely extension in the period of shipment but it also amounted to increased price for the goods in question. In a case where there is a change either in the quantity or in the value of the goods one cannot say that the original contract subsisted and it is clear that a fresh commitment came into force. In other words, the effect of the amendment in the letters of credit on 5-10-1977 was that there was a fresh commitment between the petitioners and the suppliers abroad which stipulated higher price for the goods namely being a fresh commitment, it cannot be said that the goods imported were covered by firm c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed in all the cases is set aside. Further the quantum of fine as fixed by the Collector is rather excessive and substantial moderation in that is called for. The penal action taken and the modification consequent on this order in revision in each case is set out in the tabular statement below :- Order in original No. and date Fine fixed by the Collector Now reduced in this order to P.P. Fixed by the Collector Now reduced in this to 1. Order No. SG-86/77 S/10-25/79 L SIIB dated 11-4-1979 ₹ 9,93,000/- ₹ 1,25,000/- (one lakh twenty five thousands) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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