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M/s. Arshiya Supply Chain Management Pvt. Ltd. Versus Commissioner of Customs (Prev.) , Mumbai

2016 (9) TMI 273 - CESTAT MUMBAI

Imposition of Redemption fine - violation of restriction for unloading of appellant’s imported goods at Dighi Port. - import or Hot Briquetted Iron - Direct Reduced Iron - permission to be unloaded at Dighi Port as per Notification No. 01/2012-Cus.(NT) dated 31.01.2012 – contravention of Section 33 read with Section 8 of the Customs Act, 1962 – Held that: - When there was a restriction of unloading of goods at Dighi Port while filing the IGM and before permitting the unloading, the Customs depar .....

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respondent ORDER The fact of the case is that the appellant M/s. Arshiya Supply Chain Management Pvt. Ltd. having a Service Unit at Free Trade & Warehousing Zone (FTWZ-SEZ) of its parent company, Arshiya Limited located at Sai Village, Panvel, Raigad District, Maharashtra. The FTWZ was notified as Sector Specific Special Economic Zone by the Ministry of Commerce, Department of Commerce, Government of India, New Delhi under the provisions of Section 4 of Special Economic Act, 2005 read with R .....

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t dt. 20.5.2013. The appellant imported Hot Briquetted Iron (HBI) - Direct Reduced Iron (DRI) falling under HS Code No. 72031000 on behalf of Westford Trade Services Limited vide IGM No.1-08/SRN/2013-14 dt. 12.07.2013 and unloaded the goods on 16.07.2013 at Dighi Port by following the procedure laid down in the aforesaid sections. The Assistant Commissioner granted the permission for entry inwards for the cargo from the vessel and granted approval for unloading Hot Briquetted Iron (DRI) from the .....

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in the Customs Area declared under Section 8 of the Customs Act, 1962 and also to transport the goods from Arshiya FTWZ for disposal/re-export. The same was accepted by the Deputy Commissioner of Customs (Preventive), M & P Wing, Alibag Division, Maharashtra. The appellant approached the Commissioner Customs, Marine Preventive, New Customs House, Mumbai for allowing transshipment under the provision of Rule 29 of SEZ Rules, 2006 to Arshiya FTWZ (port code INPNV 6) for warehousing vide letter .....

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0/- under Section 125 of the Customs Act, 1962 and penalty amounting to ₹ 4,00,000/- under Section 112(a) (i) of the Customs Act, 1962. Aggrieved by the impugned order, the appellant is before me. 2. Shri Navnit Chaudhary, Director of the appellant company appeared and submit that though the unloading of the captioned goods was not permitted at Dighi Port as per Notification No. 01/2012/NT dated 31.01.2012, but the appellant had no knowledge about such restriction of unloading the goods at .....

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rom the vessel and granted approval for unloading goods from the vessel at Dighi Port instead of raising any objection. Therefore in such case there is no fault of the appellant for unloading the cargo at Dighi Port. The unloading of cargo is not within the right of the appellant, it is only possible after permission of the Customs authorities. Therefore, if the Dighi Port is not allowed for unloading of cargo of the captioned goods the Custom authorities should not have permitted the same. Once .....

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(5) of SEZ Rules, 2006. Therefore particularly in case of the goods is meant for bonding in the FTWZ Unit, restriction cannot be made applicable. 3. On the other hand, Shri D.S. Maan, Ld. Assistant Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that the fact is not under dispute that the appellants goods were restricted to be unloaded at Dighi Port. Therefore, whatsoever reason whether it is under mala fide or bona fide, there is .....

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