SAKTHI TEXTILES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS appeal has been filed against the Order -in -original No. 19/2004 dated 21.4.2002, passed by the Commissioner of Customs, Cochin.

(2.) THE appellants imported 4 Nos. of second hand textile machinery. The Revenue proceeded against the appellants on the ground that they had imported goods which do not conform to the description given in the license. Further, the Department disputed the valuation declared by the appellants. The Commissioner confiscated the impugned goods under Section 111(d) of the Customs Act, but gave an option to redeem the same on payment of fine of Rs. 5,00,000/ -. He fixed the value of the goods after allowing depreciation and taking into account the value of the new machine indicated by the Chartered Engineer in his certificate. We imposed penalty of Rs. 1,00,000/ - under Section 112 of the Customs Act. The appellants strongly challenged the impugned order. Hence they have come before the Tribunal for relief.

(3.) SHRI Balagopal and Smt. R. Devika, learned Advocates appeared on behalf of the appellants. Shri Ganesh Havanur, learned SDR appeared for the Revenue. The learned Advocate urged the following points :