9911796707
TMI Blog2018 (3) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... r Bench Brief facts are that the appellants filed two Bills of Entry by declaring the description of the imported goods as "Heavy Melting Scrap" and classified the product under CTH 7204490. Officers of DRI, Tuticorin, examined the containers in the presence of representative CHA and the Accounts Manager of the appellant Company. It was revealed that the goods were TMT rods of various lengths and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants, Ld. Counsel, Shri M. Karthikeyan submitted that the materials imported by the appellants were scrap and they were intended to be used as scrap. The agreement between the appellants and buyer would show that appellant had placed orders for import of heavy melting scrap/heavy melting steel scrap. He submitted that the department has not conducted any examination to substantiate that the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcept second hand capital goods are restricted for imports. The importer did not produce any license for import of the goods. The import being in violation of the conditions laid in FTP and the goods having been mis-declared by the appellants, the demand of duty and imposition of redemption fine and penalty are legal and proper. 4. Heard both sides. 5. The main contention put forward by the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein the Tribunal had reduced the redemption fine and penalty, we find that the redemption fine and penalty imposed is on the higher side and requires to be reduced. By following the Tribunal decision sited supra, the redemption fine is reduced to Rs. 3,00,000/- and the penalty imposed is reduced to Rs. 50,000/-. Accordingly, the impugned order is modified to the above extent without disturbin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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