JUDGMENT

S.P.BHARUCHA, J.

(1) DELAY in filing proof of re-export is condoned.

(2) IT is not necessary to go into any great detail. In respect of the goods with which we are concerned, the adjudicating authority said, so far as is relevant, thus :

"I order for confiscation of one unit Laser Imager valued Rs. 20 lakhs under Section iii(d) of Customs Act, 1962.

HOWEVER, I give the option to M/s. Siemens Ltd. Delhi for redeeming the Laser Imager on payment of fine of Rs. 6,00,000.00 only and appropriate duty of Customs leviable thereon, if they desire to avail to keep it in India.

I also give M/s. Siemens the option to reexport the Laser Imager to Germany within 3 months from the date of receipt of this orders and in such case no duty will be chargeable."

(3) THE Tribunal interpreted the order saying that if the appellant wanted to keep the goods in India then it should pay the redemption fine and duty and if, after payment of that duty, it still wanted to export them, it was entitled to duty. drawback in terms of Section 74 of the Customs Act. But the adjudicating authority had also given the appellant the concession that in case it was reexporting the goods within three months, it need not pay the duty. The Tribunal did not vary .this order.

(4) THE appellant paid the redemption fine of Rupees six lakhs. It was unable to re-export the goods within three months because of certain actions on the part of the Customs authorities with which we do not need to concern ourselves here in any detail. To prevent further time being wasted, the appellant moved this Court by an interim application in this appeal and an order was passed thereon on 22nd February, 1999. It is clear that by this order this Court, having regard to the facts that were brought to .its notice, extended the period of three months fixed by the adjudicating authority for re-export of the goods, in which event neither the redemption fine nor the duty were to be paid. The re-export took place accordingly.

(5) WE think that, in these circumstances, the appellants appeal must be allowed and the respondents directed to refund to the appellant the amount of Rupees six lakhs paid as and by way of redemption fine.

(6) NO order as to costs.