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2006 (7) TMI 682 - AT - Customs

Issues:
Reduction of redemption fine and penalty on imported used tyres due to undervaluation and contravention of import policy.

Analysis:
The appeal was against an order that reduced the redemption fine and penalty imposed on the respondent for importing used tyres with undervalued goods, which were restricted under the Export-Import policy 2005. The adjudicating authority proposed loading the value of the goods, which the respondent accepted. The authority then allowed redemption of the confiscated goods upon payment of a fine and imposed a penalty. The Commissioner (Appeals) further reduced the fine and penalty, leading to the revenue's appeal. Despite notice, the respondent did not appear, and no adjournment request was made.

The Tribunal found that the value of the goods had already been loaded by over 250% of the value declared in the bill of entry. The Commissioner (Appeal) acknowledged the contravention of the law and the liability for confiscation and penal action but noted the lack of malicious intent on the appellant's part. The goods' description matched the bill of entry, and the loading of value lacked any reason or justification. The Commissioner (Appeal) referenced a previous judgment to support the decision.

The Tribunal affirmed the Commissioner (Appeal)'s decision, stating that it was in line with established law. Consequently, the department of revenue's appeal was dismissed, as no merits were found in their arguments.

 

 

 

 

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