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M/s Goodyear South Asia Tyres Pvt Ltd Versus Commissioner of Customs, ICD Maliwada, Aurangabad

2016 (1) TMI 427 - CESTAT MUMBAI

Re-export of old moulds - moulds were imported earlier for the manufacture of tyres - Revenue's contention is that as per the provisions of Para 2.3 of the Hand Book of Procedure at the relevant time the appellant could not have sold mould without pr .....

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visions of Import and Export Policy/Hand Book of Procedure. Confiscation of the goods therefore is upheld. - However, keeping in view the facts and circumstances of the case, redemption fine is reduced to ₹ 50,000/-. We do not find it to be fit .....

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: Shri T Vishwanathan, Adv For the Respondent : Shri D K Sinha, Asstt Commissioner (AR) ORDER Per P K Jain The brief facts of the case are that the appellant imported old moulds required for the manufacture of tyres from M/s. Goodyear Phillippies Inc .....

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k these moulds to the supplier. Revenue's contention is that as per the provisions of Para 2.3 of the Hand Book of Procedure at the relevant time the appellant could not have sold mould without prior permission from DGFT. The case was adjudicated .....

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in India. In their case, moulds were re-exported and hence said para is not applicable. Learned Counsel further submitted that purpose of the said para is to prohibit trading in old capital goods and in their case it is not the trading but since impo .....

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