H.T. COMPANY Vs. COMMISSIONER OF CUS., HYDERABAD

JUDGEMENT

(1.) THIS appeal has been filed against OIO No. 14/06 Cus. dated 6 -6 -06 passed by the Commissioner of Customs and Central Excise Hyderabad -II Commissionerate.

(2.) THE appellants filed BE for import of 2400 Nos of used 14 Monitors, 90 Nos of HP Laser jet Printers, 75 Nos of Laser Jet 4L used printers, 90 Nos of laser jet 4/5 used printers and 1160 Nos of Dot matrix used printers. On two counts proceedings were initiated against the appellants. Used goods which are second -hand require specific licence for import as per part 2.17 read with Para 2.33 of the Foreign Trade Policy 2004 -2009. As the appellants had not submitted the specific licence, the goods have been imported contrary to the import policy provisions and are liable to confiscation under Section 111D of the Customs Act, 1962. Further, the value declared by the appellant was not accepted. The adjudicating authority redetermined the value of the goods at Rs. 38,66,701/ - for purpose of assessment of Customs duty. He confiscated the impugned goods under Section 111D of the Customs Act but gave an option to redeem the goods on payment of redemption fine of Rs. 8,41,881/ -. He imposed a penalty of Rs 5 lakhs on the importer under Section 112A of the Customs Act. The appellants are aggrieved over the impugned order of the adjudicating authority. Hence they have come before us for relief.

(3.) SHRI S. Vittal Shetty learned Advocate appeared for the appellants and Shri K.S. Reddy learned SDR for the revenue. The learned Advocate urged the following points :