2010 (1) TMI 1051 - AT - Customs

Summary

Issues:
- Restoration of appeal due to non-signing of Memorandum of Appeal
- Reduction of redemption fine and penalty by Commissioner (Appeals)
- Consistency in applying redemption fine rates based on precedents

Analysis:
1. The judgment addresses the issue of restoration of the appeal by the Revenue due to the non-signing or verifying of the Memorandum of Appeal, which led to the appeal being dismissed. The Tribunal recalled the order dismissing the appeal as the necessary actions were taken by the appellant. However, considering that similar appeals by Revenue on the same issue had already been decided, the Tribunal proceeded to decide the case on its merits.

2. The second issue pertains to the appeal filed by Revenue against the Commissioner (Appeals) Order, where the redemption fine and penalty were reduced to 10% and 5% respectively. Revenue argued that the profit margin being 20% to 22%, the fine and penalty were on the lower side and sought an enhancement. The Commissioner (Appeals) based the decision on precedents, including the Tribunal's decision in Navpad Enterprises and other cases, where similar rates were imposed and upheld by the Hon'ble Kerala High Court.

3. The judgment also delves into the importance of consistency in applying redemption fine rates based on precedents. Citing the Hon'ble Kerala High Court's decision in the Office Equipment case, it emphasized the necessity to maintain consistency to avoid discriminatory practices. The Tribunal, after considering the precedents and the principle of consistency, concluded that there was no reason to deviate from the established rates and upheld the decision of the Commissioner (Appeals), thereby dismissing the appeal.

4. In conclusion, the Tribunal's judgment highlights the significance of following precedents and maintaining consistency in applying redemption fine rates. The decision not to deviate from established rates underscores the importance of uniformity and non-discrimination in such matters. The dismissal of the appeal signifies the Tribunal's adherence to legal precedents and the principle of consistency in decision-making.