TMI Blog2024 (1) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... gulation , the import shall be permitted notwithstanding such restriction subject to condition that the shipment of import is made within the original validity period of an irrevocable commercial letter of credit established before the date of imposition of such restriction - the documents were admittedly submitted before restriction imposed in import of watermelon seeds brought vide DGFT Notification No. 3/2015-20dated 26.04.2021. From the documents, it is undisputed that the appellant had complied with the stipulation of Transitional Arrangement as per Foreign Trade Policy as the appellant had paid entire amount of the consignment in question much prior to watermelon seeds being placed under restricted category from free category - the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Adjudicating Authority passed the impugned order as under:- i) Confiscated the goods imported vide Bill of Entry No. 6909337 dated31.12.2021 having assessable value of Rs. 46,27,641/- under Section 111(d) of the Customs Act, 1962, with an option to redeem the said goods on payment of Rs. 4,70,000/- under Section 125 of the Act for re-export purpose only. ii) Imposed penalty of Rs. 8,50,000 on the appellant under Section 112(a) (i) of the Customs Act, 1962. iii) Imposed penalty of Rs. 4,00,000/- on the Custom Broker M/s Ashapura Shipping Agency under Section 117 of the Customs Act, 1962. 3. Being aggrieved by the Order-In-Original, the appellant filed the appeal before the Commissioner (Appeals) which was rejected, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment fails. 5. Shri R.R Kurup, Learned Superintendent (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. 6. We have carefully considered the submissions made by both sides and perused the records. We find that the case was made by the department on the basis that the restriction imposed on goods namely Watermelon Seeds at the time of filing of Bill of Entry and the clearances of the goods thereunder. In this peculiar situation when the goods are in transit and during intervening period the restriction was imposed, under the policy, a special provision was made under para 1.05 which reads as under:- 1.05 Transitional Arrangements (a) Any License/ Authorisation/ Certificate/ Scrip/an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of import is made within the original validity period of an irrevocable commercial letter of credit established before the date of imposition of such restriction. The appellant have submitted the following documents:- a) Relevant Proforma Invoice raised by shipper M/s. Wealth Capital General Trading LLC No. [2/2021] dated 18.01.2021 duly accepted by importer. It is evident that goods were ordered on 18.01.2021 which is much prior to the date of Notification i.e. 25.04.2021 b) Consequent to this Proforma Invoice, a Sale Contract No. 02/2021 was also signed on 18.01.2021 by both the parties. c) On 25.01.2021 100% remittance was made to the supplier vide SWIFT MT103 OUTWARD d) Debit advice dated 25.01.2021 for above remittance by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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