9911796707
TMI Blog2016 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... llants are importers of gold for industrial use. They were importing gold under Notification No. 12/2002-Cus dated 17.3.2012. The said notification allows import of gold at a concessional rate of 8% subjection to conditions 5 and 34. The condition 5 and 34 of the Notification read as under:- "Condition No. 5 :- If the importer follows the procedure set out in the Customs (Import of Goods at Conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported by the actual user for the purpose of refining and manufacture of silver bars of purity 99.9% and above. The appellants vide their letter dated 23.7.2014 and 29.7.2014 informed the Commissioner that the supplier had informed them vide letter dated 21.07.2014 that he has wrongly shipped a Gold Dore Bar of 3.347 Kg under invoice No. 20/2014 dated 8.7.2014 against requirement of 5 kg as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have requested for release of Bar No. 2 for home consumption and for allowing them to re-export Bar No. 1. The Commissioner relying on the decision of the Hon'ble Supreme Court in the case ofCommissioner of Customs, Bombay vs. Elephanta Oil Industries Ltd. - 2003 (152) ELT 257 (SC) and Board's Circular No. 745/61/2003-CX dated 16.9.2003 confiscated the gold bar No. 1 and gave them option ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned AR relies on the impugned order. 5. I have considered the rival submissions. It is an admitted position that there was a genuine mistake of inadvertent nature. It is a fact that the goods have been imported in contravention of the license issued by DGFT, however, since the bona fide of the appellants are not in doubt and there do not appear to be any pecuniary gain to the appellant on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
