2007 (9) TMI 664 - AT - Customs

Summary

Issues involved: Reduction of redemption fine and penalty in respect of confiscated goods by the Commissioner (Appeals).

Summary:
The Revenue filed appeals against orders reducing redemption fine and penalty for confiscated goods. The goods in question were reconditioned incomplete copiers incorporating optical systems. The Revenue alleged the goods were restricted and their value was suppressed. The adjudicating authority increased the value, confiscated the goods, and allowed their release on redemption fine and penalties. The Commissioner (Appeals) considered that the goods were not misdeclared and that the fines and penalties imposed were excessive. The Commissioner (Appeals) reduced the redemption fine and penalties after considering various factors, including the market price of the goods and the lack of misdeclaration. The respondent cited a previous Tribunal decision in their favor. The Revenue's contention in the present appeal was that the Commissioner wrongly reduced the redemption fine and penalties. However, the Tribunal found no reason to interfere with the Commissioner's decision, as the goods were correctly declared, there was no evidence of undervaluation, and the Commissioner had not acted improperly. Therefore, the appeals were dismissed based on the previous Tribunal decision and the lack of merit in the Revenue's arguments.