TMI Blog2000 (5) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... Parts vide Bill of Entry No. 2040 dated 29-12-1995 was imported. The Bill of Lading No. 555 dated 27-9-1995 for MV State of Haryana was submitted to Customs House, Calcutta for clearance of the goods for the home consumption. The items imported were initially under O.G.L. as per ITC Policy, 1992-97. They were brought under list of restrictive items, permissible for import against Special Import Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of importation of the goods and since the importer could not produce the subject Import Licence covering the goods, the goods were considered to be imported without a valid licence and were held to be liable for confiscation under Section 111(b) (sic) and he ordered for confiscation under Section 111(d) and offered a Redemption Fine of Rs. 10.00 lakh and a penalty of Rs. 1.00 lakh under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase reported in 1999 (114) E.L.T. 256 (Tribunal). Shri Kennedy, learned J.D.R. stressed on the Commissioner's finding and also submitted that the Commissioner had already taken a lenient view as on the date of bill of lading, the goods were in the restrictive list and it is only two days prior to the import in the Port of Calcutta that the restriction was removed by the Director General of Foreign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as required in terms of EXIM Policy, 1992-97, the said imported goods (i.e. complete Excavator of CIF Value Rs. 1,38,16,691.35 are liable for confiscation under Section 111(d) of the Customs Act, 1962." We find that the Commissioner has not given any reason as to how he considers the goods as restricted when they were in OGL initially and subsequently as per Public Notice issued by DGFT on 2-1-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... echnical or venial breach of any statutory provision. Penalty could not ordinarily be imposed unless the party obliged was acting deliberately in defiance of law, or was guilty of conduct contumacious or dishonest or acted in conscious disregard of its obligation. Penalty will also not be imposed merely because it is lawful to do so. We rely on Akbar Badruddin Jewani reported in 1990 (47) E.L.T. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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