2011 (9) TMI 198 - AT - Customs

Classification, fine and penalty - The assessees do not challenge the finding that the goods are iron pellets and not as declared - Therefore, the confiscation cannot be questioned - since the confiscation is required to be upheld there can be no ground that fine and penalty cannot be imposed - The value of the goods covered by both the Bills of Entry being approximately Rs. 60 lakhs, find that there is no ground to interfere with the quantum of fine and penalty as the fine is only 10% of the value of the goods and the penalty is only 3 to 4% of such value - Therefore, uphold the impugned order and reject the appeal.

Summary

The Appellate Tribunal CESTAT, Chennai upheld the Commissioner of Customs' decision to confiscate imported iron pellets, imposed a fine of Rs. 6 lakhs, and a penalty of Rs. 2 lakhs under the Customs Act, 1962. The appeal for reduction in fine and penalty was rejected as the goods were declared incorrectly, and the fine and penalty amounts were deemed appropriate.