2009 (8) TMI 1183 - AT - Customs

Quantum of redemption fine - the Commissioner noticed the fact that there was a merger of approximately 20 to 22% therefore the redemption fine be enhanced

Summary

Issues:
1. Appeal against imposition of redemption fine and penalty on used photo copier machines.

Analysis:
The judgment by the Appellate Tribunal CESTAT Kolkata involved an appeal where the Revenue challenged the imposition of a redemption fine of 10% and penalty of 5% on used photo copier machines. The Revenue contended that the redemption fine and penalty were on the lower side and sought enhancement. The Commissioner (Appeals) had imposed these fines based on a merger of approximately 20 to 22%. The respondent, however, argued that the value was enhanced by the Revenue and accepted by them, with reliance on previous Tribunal decisions where fines were reduced to 10% and 5%. The respondent highlighted that the Kerala High Court had dismissed Revenue's appeal against one such decision.

The Tribunal noted that the Revenue's appeal focused on enhancing the redemption fine and penalty. The Commissioner (Appeals) had based their decision on the Tribunal's ruling in the Office Devices case, where fines of 10% and 5% were upheld by the Kerala High Court. Given that the Commissioner followed the Tribunal's decisions, which were subsequently upheld by the High Court, the Tribunal dismissed the appeals. The judgment emphasized the consistency in applying fines as per precedent and upheld the decision based on previous rulings.

Overall, the judgment centered on the dispute over the redemption fine and penalty imposed on used photo copier machines, with the Tribunal ultimately affirming the Commissioner's decision based on precedent set by previous Tribunal rulings and the subsequent validation by the Kerala High Court.