and that the Gum Rosin imported by them was of WW Grade and the price of the same was US 465 per m.t.
Redemption fine of Rs 2,65,000 each was imposed on M s. Prabhat General Industries Pvt.
A sample of the imported goods was tested by the Chemical Examiner.
But in view of the intelligence report that certain importers were importing Gum Rosin and standard grades like WW, WG and N by labelling it as FAQ Grade from Indonesian origin through M s. Appolto International, Bombay, owned by Shri H.S. Saigal, indenting agents, the samples of the goods imported by the appellants were retested by the Customs House Laboratory.
Penalty of Rs 1,30,000 each was imposed on M s. Prabhat General Industries and M s. Associated Traders and penalty of Rs 80,000 was imposed on M s. Sarvodaya Rosin Works.
In the invoices issued by the foreign suppliers, viz.,
In addition, personal penalty was also imposed on all the three appellants.
The Collector, therefore, ordered for companyfiscation of the goods and gave an option to the appellants to redeem the goods on payment of redemption fine.
By the impugned judgment the Customs, Excise and Gold Control Appellate Tribunal hereinafter referred to as the Tribunal has upheld the findings recorded by the Collector of Customs, but the redemption fine as well as the penalty imposed on the appellants have been reduced by half.
The appellants in these appeals had imported Gum Rosin of Indonesian origin from Singapore.
Ltd. and M s. Associated Traders and a fine of Rs 1,60,000 was imposed on M s. Sarvodaya Rosin Works.
while M s. Sarvodaya Rosin Works had imported 54 m.t.
M s. Prabhat General Industries and M s. Associated Traders had each imported 90 m.t.,
According to the report of the said retesting dated 9 12 1986 the goods were of WG Grade.
M s. Kapsco Private Limited, Singapore, the description of the goods imported by the appellants was given as Gum Rosin FAQ Grade, Indonesian origin and the price shown was US 390 per m.t.
