JASWANT TRADERS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This order shall dispose of Customs Appeal Nos. 20 and 21 of 2008 arising out of order dated 15-1-2008 passed in Customs Appeal Nos. 686 and 685 of 2007 respectively by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (hereinafter to be referred as "the Tribunal".

(2.) In these two appeals, the appellants, on the basis of separate Bills of Entry dated 12-3-2007 and 8-3-2007, allegedly imported old and used Monitors and CPUs etc. The appellants declared the assessable value of the goods at Rs. 6,59,442/- and Rs. 3,75,206/- respectively in both the Bills of Entry but the Customs Authorities got the goods evaluated from the local Chartered Engineer. The value of the said goods was opined to be Rs. 18,30,488/- and Rs. 9,63,024/- attracting duty of Rs. 3,76,271/- and Rs. 1,97,695/-. The Additional Commissioner of Customs, Ludhiana, ordered the confiscation of goods but gave the appellants an option to redeem the goods on payment of fine of Rs. 6,60,000/- and Rs. 3,00,000/- under Section 125 of the Customs Act, 1962 (hereinafter to be referred as "the Act"). A penalty of Rs. 2,55,000/- and Rs. 1,80,000/- was also imposed under Section 112 of the Act. The goods were confiscated on the basis of Para 2.17 of Chapter 2 Volume 1 of Foreign Trade Policy 2004-09 whereby import of aforementioned goods is restricted and is only allowed if the same are imported against a valid licence/certificate/permission from the Director General Foreign Trade.

(3.) In the appeals filed by the appellants, the redemption fine was reduced to Rs. 1,00,000/- and penalty to Rs. 20,000/- respectively. An appeal was filed by the Revenue against the order of Commissioner (Appeals) before the Tribunal. The Tribunal increased the redemption fine and penalty and assessed the same at Rs. 4 lacs and Rs. 1 lac, respectively. It is the said order which is subject matter of present appeal before this Court.