GAUR IMPEX Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS appeal is directed against Order -in -Original No. 665/2003 dated 5.6.2003 by which the Ld. Commissioner of Customs (Export) has ordered confiscation of copper scrap weighing 86.963 MTs valued at Rs. 48,73,614 imported under Bills of Entry Nos. 31993, 31994, 31995 and 31996 dated 20.11.2001 under Section 111(o) of the Customs Act, 1962. However he has given an option to the importer -appellant to redeem the same on payment of fine of Rs. 20.00 lakhs. He also demanded duty amounting to Rs. 30,63,748 under Section 28(1) of the Customs Act, 1962 as the goods are not eligible for clearance under Annual Advance Licence No. 0510039746 dated 10.7.2001. He also imposed a penalty of Rs. 10.00 lakhs on M/s. Gaur Impex under Section 112(a) of the Customs Act, 1962.

(2.) AGGRIEVED by this order, the appellant have come in appeal on the following grounds which are extracted herein below:

(3.) THE appellant submits that the Commissioner has not pointed out the condition which was not observed with respect to the impugned goods. It is submitted that the goods are yet to be cleared. The appellant has agreed to clear the goods on payment of duty at merit rates forgoing his right to claim exemption under Nfn. 48/99 -Cus. in view of the dispute raised by the Directorate of Revenue Intelligence with regard to the past import and the licence relevant to such imports. Therefore, the Commissioner has erred in invoking Section 111(o) of the Customs Act, 1962.