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M/s. Srinithi Corporates Versus Commissioner of Customs (Chennai I) , Assistant Commissioner of Customs (Courier Cell)

2016 (7) TMI 862 - MADRAS HIGH COURT

Classification of import of Crestron MTX-3 Panel System - clearance of a remote control for Home Theatre, Home Automation etc. - contravention of prohibition imposed under the Indian Wireless Telegraphy Act, 1933 - confiscated under section 111 (d) of the Customs Act, 1962 - Held that:- Taking into consideration of the fact that the order of the Commissioner (Appeals) was passed on 18.02.2016 and the Appeal has been presented before the CESTAT on 30.05.2016, within the period of limitation and t .....

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e of receipt of a copy of this order. This time is granted to the Department to enable them to move the Petition for Stay before the CESTAT, if so advised in the interregnum. If the respondents are unable to obtain any orders of stay from the CESTAT, they shall, on expiry of the 30th day from the date of receipt of a copy of this order, assess bills of entries in terms of the order passed by the Commissioner (Appeals) and release the goods within a period of two days therefrom. - W.P.Nos.13501 & .....

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to direct the respondents to assess and clear the bills of entry Nos. 050223 & 0047698 dated 19.09.2015 & 04.09.2015, respectively, in terms of the order passed by the Commissioner of Customs (Appeals-I) in Appeal No. 116/2016 dated 18.02.2016. 3. The facts which are necessary for the disposal of the Writ Petitions are that the petitioner filed self-assessed Bills of Entries dated 04.09.2015 & 19.09.2015 for clearance of a remote control for Home Theatre, Home Automation etc. The Or .....

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n Wireless Telegraphy Act, 1933 and the said authority confiscated the said item under section 111 (d) of the Customs Act, 1962, without giving the option for redemption. Apart from that penalty of ₹ 10,000/- was imposed on the petitioner under section 112(a) of the Customs Act, 1962. 5. Aggrieved by the said orders, the petitioner preferred an appeal before the Commissioner of Customs (Appeals-I), stating that the Original Authority has not disputed the band of 24.GHZ to 2.4835 GHZ. and t .....

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d that they themselves have imported similar items earlier and therefore sought for setting aside the order passed by the Assessing Authority. 6. After hearing the petitioner, the Commissioner (Appeals), took into consideration of the facts pleaded and by an order dated 18.02.2016, allowed the Appeal, holding that the product viz. Crestron MTX-3 Panel Systems does not require any clearance/licence from the wireless Planning and Co-ordination Wing of the Ministry of Communications and Information .....

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