9911796707
TMI Blog2014 (11) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... see. ORDER Both, the assessee and the Revenue are in appeal against the impugned order. 2. The brief facts of the case are that the assessee obtained a licence to import into India the drug named "Cyanocobalamin (Vitamin B12) BP/USP/IP" manufactured by M/s. North China Pharmaceutical Victor Co. Ltd. of China. Against the said licence the assessee imported one consignment through M/s. Jet I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is in appeal against the impugned order for confiscation, imposition of redemption fine and penalty. Revenue is in appeal against the impugned order for not absolutely confiscation but allowed to be redeemed on payment of redemption fine. 3. During the course of argument, the ld. counsel for the assessee brought in the knowledge that impugned goods have been destroyed in the fire at CFS on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L.T. 151 and Hon'ble High Court decision in Oriental Containers Ltd. - 2003 (157) E.L.T. 503. 4. On the other hand, the ld. AR opposed the contention of the counsel for non-imposition of penalty on the ground that it was the duty of the assessee to import the goods from M/s. North China Pharmaceutical Victor Co. Ltd. of China and not through directly M/s. Jet Impex International. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Drugs and Control Department for obtaining NOC. As the goods imported by them are as per the licence given to them by the Drugs & Control Department, they have taken every steps to comply with terms and conditions of the licence. 7. In these circumstances, I find that the assessee is not having knowledge of the fraud played with him. Therefore, relying on the decision of Oriental Cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
