Per S.S. Sekhon :

This appeal has been filed by the Revenue against an order of Commissioner, Visakhapatnam who had in connection with an import of 'barge named (renamed) Diamond of Vizag with floating cranes' found that in the Bill of Entry the importer had not declared the Importer Exporter Code Number required under Section 7 of the Foreign Trade (Development & Regulation) Act, 1992 read with para-48 of the EXIM Policy 1992-97 (as amended) as required by Rule 12 of the Foreign Trade Regulation Rules, 1993 but he had accepted a subsequent import licence issued by the Ministry of Surface Transport under Section 407 of the Merchant Shipping Act read with para 78 of Hand Book Procedure Vol-I for the subject import to be valid. Even though the Commissioner had found that the there was a violation, inasmuch as EXIM code of the importer was not mentioned in the Bill of Entry, he considered the instant importation being for sole use of the importers to fulfil certain contractual obligations involving no foreign exchange and therefore took a lenient view of the omission and did not impose a penalty under Section 112 of the Customs Act, 1962 or confiscate the goods under Section 111 (