2016 (12) TMI 643

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..... d liable for confiscation and hence fined under section 125 ibid and penalty imposed under section 112(a) ibid only on the store that they are restricted, which was indeed not the case at the time of import. This being the case, fine and penalty imposed on the appellant cannot sustain and hence are set aside accordingly. We do not however interfere with the enhancement of declared value of the imp .....

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..... of ₹ 13,36,964/- was enhanced to ₹ 17,24,892/- 2. Today, when the matter came up for hearing Ld. Counsel Sh. G. Mohan Rao pointed out that multi function devices were brought under the restricted category of para 2.17 of Foreign Trade Policy of 2009-14 only with effect from 05.06.2012. Hence imposition of redemption fine and penalty cannot be sustained. However, the appellants are .....

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