- (1.) Brief facts of the appeal are that M/s. Raja Impex (P) Ltd, B-33, Industrial Estate, Ludhiana (hereinafter referred to as the respondent/assessee) filed bill of Entry No. 001546 dated 4-12-2004 for clearance of 500 set of used 15" coloured computer monitors (hereinafter referred to as the impugned goods) valued at US$ 5 per piece under sub-heading 84716030 of the 1st Schedule of the Custom Tariff Act, 1975 (hereinafter referred to as "CA Act"). At the material time the import of the impugned goods was restricted as per Para 2.33 of Foreign Trade Procedure (2002-07) Relevant para is reproduced :- "Import of second hand computer and laptop are restricted for import. The import of refurbished/reconditioned spares will be allowed on production of Chartered Engineer certificate that such spares have a residual life not less than 80% of the life of the original spares."
(2.) The import under this sub para would be subject to the condition that the goods shall not be used for any commercial purpose, is non transferable and complies with all the terms and conditions of relevant Customs Rules and Regulations.
(3.) The respondent/assessee vide its letter dated 8-12-2004 stated that they were not manufacturers and they had imported the impugned goods for trading purposes. To ascertain the value of the goods, the department collected data and the CIF value of the similar goods was found to be US$ 15 per piece. Therefore, there was mis- declaration of value and the assessable value of the goods was arrived at Rs. 3,42,769/- and the duty was calculated as Rs. 95,811/-. Since the goods imported were in contravention to para 2.33 of Foreign Trade Procedure (2002-07), the respondents issued show cause notice vide C. No. VIII/CUS/CFS/OWPL/BE/1546/04/565-A dated 31-3-2005 as to why the goods imported in violation of the policy should not be confiscated under Section 111 of the Customs Act, 1962 (hereinafter referred to as the Act) and penalty should not be imposed under Section 112 of the Act.;