TMI Blog2015 (6) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... rities and there is no bar for imports under the Customs Act to import the goods in the name of IEC holder and there is no offence under the Customs Act for lending of IEC code. In these circumstances, relying on the decision of Atul D Sonpal (2011 (4) TMI 1141 - CESTAT, MUMBAI), I hold that the appellant has not violated the provisions of Customs Act and there is no allegation of any misdeclarati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de and imported compact disc rewritable (CDR) in his own name and also against IEC in the name of others. The case of the Revenue is that as imports have been made by the appellant in the name of other firms namely M/s. Megha Trading Co. and Balaji Sales Corp. who were having the IEC code but they were not the actual importer of CDRs but the appellant is the actual importer and imports were made i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Act prohibiting such an act. Therefore, as held by this Tribunal in the case of Atul D. Sonpal [2012 (275) ELT 248 (Tri-Mum)], penalty is not imposable on the appellant. 4. On the other hand, learned AR opposed the contention of the appellant and submits that the IEC holders are found to be non-existent and bail was granted to the appellant on the condition that appellants are require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bar for imports under the Customs Act to import the goods in the name of IEC holder and there is no offence under the Customs Act for lending of IEC code. In these circumstances, relying on the decision of Atul D Sonpal (supra), I hold that the appellant has not violated the provisions of Customs Act and there is no allegation of any misdeclaration, mis-representation or under-valuation of the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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