B.N. Patnaik, J.

The petitioner challenges the order No. SIB/11/95-CUS dated 3.4.1996 passed by the Commissioner of Customs, Custom House, Cochin 9 (Ext. P14). By this order, the goods in question were held liable to be confiscated under S.111(d) and (m) of the Customs Act, 1962. However, the goods being not available for confiscation, the revised differential duty of Rs. 9,96,212/- and the penalty of Rs. 5 lakhs were imposed and the petitioner was called upon to pay the same.

2. The petitioner is the proprietor of a firm called M/s. Shine Star Industry, New Delhi. It is a small scale industrial unit. He is engaged in the business of assembling photocopying machines by importing some reconditioned components of photocopying machines from Singapore under a valid licence.

Earlier, he had imported similar articles through the Cochin Port from M/s. Drumkin Impex, Singapore. On submission of the Bill of Entry dated 21.7.1994 (Ext. P2), duty was assessed at Rs. 1,80,4111- on the basis of the transaction value and the consignment was cleared. In respect of the next consignment of identical goods, which is the consignment in question, exported by M/s. Drumkin Impex as per the purc