MEDIAGURU NEWS PVT. LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE appellant is in appeal against the impugned order wherein ld. Commissioner has rejected the application for extension of period of warehousing under Section 61 of the Customs Act, 1962. Consequently, the permission of re -export of impugned goods was also denied. The brief facts of the case are that the appellants imported one consignment of News Swift LT 120 CM KU Basic System with standard equipment on 4 -5 -2012 and sought for warehousing under Section 60 of the Customs Act, 1962 and filed Bill of Entry on 5 -5 -2012. The appellants were allowed for warehousing the said goods for one year which expired on 5th May, 2013. The appellants could not apply for extension of warehousing period under Section 61 of the Customs Act, 1962 before 5th May, 2013 but on 5th June, 2013, the appellants filed an application for extension of warehousing period before ld. Commissioner the same was considered and was rejected and it was held that as the goods are not warehoused, therefore, the goods are liable for confiscation. Consequently the redemption fine was imposed of Rs. 20 lakhs and penalty of Rs. 5 lakhs was also imposed along with demand of duty on the said goods. The appellant challenged the said order before this Tribunal and this Tribunal vide order dated 11th Feb., 2014 remanded the matter back to the ld. Commissioner for reconsideration of their application for extension of warehousing period and consequently whether the goods can be re -exported or not. In remand proceedings, the ld. Commissioner again rejected their application for extension of warehousing period. Consequently, duty was demanded and goods were confiscated, redemption fine and penalties were imposed. Aggrieved from the said order, the appellant is before us.

(2.) HEARD the parties. Considered the submissions.