TMI Blog2016 (2) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order in so far as confiscation of the machinery and melting scrap. We reduce the penalty of ₹ 3,00,000/- imposed on the appellant to ₹ 50,000/- (Rupees Fifty thousand only) - Decided partly in favor of assessee. - Appeal No. C/163/2005 - Final Order No.40123/2016 - Dated:- 25-1-2016 - SHRI R. PERIASAMI, TECHNICAL MEMBER AND SHRI P.K. CHOUDHARY, JUDICIAL MEMBER For the Petitioner : Shri C. Ramkumar, Advocate For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per R. Periasami The appeal filed by assessee is restored consequent on the Hon'ble Madras High Court order dt.8.11.2006. 2. The facts of case relates to import of Heavy Melting Scrap (Uncut). The appellant filed two Bills of E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant under Section 112 (a) of the Act. He also submits that the goods are not yet released and is still in Customs custody.On imposition of penalty he submits that appellants are not liable for penalty and says that they have correctly declared is scrap. He drew our attention to invoice at page 15, statement of Director of appellant-company, Chartered Engineer's certificate. He submits that Chartered Engineer has certified that unless the worn out parts of about 60 to 80% of the items are replaced, only then the said machines can be revived, and in the case of other items also, the Chartered Engineer certified that 25 to 35% of the replacement of parts needed. As per Chartered Engineer s certificate these machineries are without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rusal of records we find that appellant is the actual user having melting furnace and they are regularly importing melting scrap for the past several years as actual user for re-melting. On perusal of Bills of Entry and the invoice, we find that appellant declared the goods as Heavy Melting Scrap (uncut) . However, on examination, it was noticed that the goods were found to be both Heavy Melting Scrap and also used second hand machinery of injection moulding equipment as certified by the Chartered Engineer vide certificate dt. 25.4.2004. The adjudicating authority after following the principle of natural justice in his findings dealt the issue in detail and held the goods as used second hand machinery and as per Chartered Engineers Certif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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