Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
iii) Whether on the facts and circumstances of the case, the
CESTAT is right in overlooking the CRO, 2012, which covers
Multifunctional and Printers/ Devices (MFDs) along with printers and
plotters?"
2. According to the appellant, the respondent herein submitted Bill
of Entry No.2706447 dated 04.04.2019 for clearance of imported
consignments viz., 126 units of used Digital Multifunctional and
Printers/Devices (MFDs) of various makes and models with standard
accessories and attachments by classifying them under Customs Tariff Heading
84433100. Upon examination of the goods on first check appraisal in the
presence of a Chartered Accountant and on perusal of the documents and the
Chartered Engineer's verification report, the officials of the appellant
department came to the conclusion that the goods are liable for confiscation in
terms of Section 111 (d), 111 (m) and 111 (o) of the Customs Act, 1962 for
contravening the provisions of Hazardous and other Waster (Management &
Trans Boundary Movement) Rules, 2016, E-waste (Management) Rules, 2016
https://www.mhc.tn.gov.in/judis
and the Bureau of Indian Standards Act, 1986 read with Electronics and IT
Goods (Requirement of Compulsory Registration) Order, 2012 as well as the
provisions of Foreign Trade Policy 2015-20 read with Foreign Trade
(Development and Regulation) Act, 1992 read with Section 11 of the Customs
Act, 1962 for the mis-declaration of value and quantity of goods imported. A
show cause notice dated 20.06.2019 was issued by the appellant proposing to
confiscate the goods under Section 111 (d) and 111 (m) of the Customs Act,
1962 and proposing imposition of penalty under Section 112 (a) and 117 of the
Customs Act, 1962. In the meantime, the respondent filed WP No. 12846 of
2019 seeking a direction to the appellant to assess and clear the goods upon
payment of applicable duties on value, as determined by the Chartered
Engineer. By order dated 25.06.2019, the said writ petition came to be allowed
by directing the department to conduct adjudication of consignment in terms of
the applicable statutory provisions. Pursuant to such order, an order was
passed determining the value of the goods as Rs.23,10,504/- in terms of Rule 9
of CVR 2007 and further ordered confiscation of 136 units of goods and
imposed penalty of Rs.2,30,000/- under Section 112 (a) and redemption fine of
Rs.3,50,000/- under Section 125 of the Customs Act together with penalty of
Rs.25,000/- under Section 117 of The Customs Act. Aggrieved by the said
order, an appeal was filed and it was partly allowed on 30.12.2020 modifying
https://www.mhc.tn.gov.in/judis
the order by reducing the redemption fine and penalty. As against the said
order dated 30.12.2020, the appellant filed an appeal before the Tribunal and it
was dismissed on 27.08.2021. Challenging the same, the present appeal is filed
by the appellant.