9911796707
TMI Blog2019 (7) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... monitors, on examination, 112 CRT monitors were found and against the declared quantity of 240 pieces, only 177 pieces of RAM were found. Since the goods in question were old and used, they should not have been imported without a licence from the Director General of Foreign Trade as per para 2.17 of the Foreign Trade Policy 2009-2014. Admittedly, the appellant did not have any licence from the DGFT when they imported these goods. The representative of the appellants submits that they have been importing old and used goods like this for trade and it has been the practice for the Customs to confiscate them and allow redemption on payment of redemption fine and penalty. Thereafter, they would get the goods redeemed and sell them in the market ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y first appellate authority. Penalty imposed by original authority Penalty reduced by first appellate authority. C/1886/2011 10,000.00 5,000.00 15,000.00 Rs. 5,000/- C/2635/2011 2,20,000.00 1,10,000.00 1,10,000.00 No reduction. 4. The appellant submits that there is nothing on record to show that the goods which they have imported are hazardous either to the health or to the environment. In fact, these goods have been lying in the Customs premises for a very long time and they caused no hazardous whatsoever. Therefore, they are not hazardous waste. They also assert that there is no notification of the Ministry of Environment under the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 specifying that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orted without a licence from the Director General of Foreign Trade. The appellant has imported these goods in violation of Foreign Trade Policy and therefore the goods were liable for confiscation under section 111 and they were liable to penalty under section 112 of the Customs Act, 1962. The second question is whether the goods in question can also be considered as hazardous waste. In this regard, this determination can be made if there is a specific notification by the Ministry of Environment to the effect. Once the goods are notified as hazardous waste, Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 apply and as per Rule 17(2), the importer is legally duty bound to re-export that hazardous waste. The resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
