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2012 (3) TMI 184 - AT - CustomsPlea for reduction in penalty imposed - mis-declaration of the goods imported by assessee release of 80 % of confiscated goods Held that - On undertaking given by assessee that they are not interested in clearing the consignment which is lying with the departmental authorities, we reduce the penalty imposed from Rs.1 lakh to Rs.20,000/- Decided in favor of assessee
Issues: Mis-declaration of imported goods, penalty under Section 112 of Customs Act, 1962, reduction of redemption fine and penalty
In this case before the Appellate Tribunal CESTAT, Ahmedabad, the appellant filed an appeal against the Order-in-Appeal regarding the penalty imposed for mis-declaration of imported goods. The appellant had imported goods claimed as LDPE Granules but were found to be transparent granular beads of Polypropylene upon analysis. The adjudicating authority confiscated the entire consignment and imposed a redemption fine of Rs.3 lakhs along with a penalty of Rs.1 lakh under Section 112 of the Customs Act, 1962. The first appellate authority partially allowed the appeal by reducing the redemption fine to Rs.60,000 but upheld the penalty of Rs.1 lakh. The appellant sought a reduction in penalty proportionate to the redemption fine imposed by the appellate authority. The main issue in this case revolved around the redemption fine and penalty imposed by the lower authorities under Section 112 of the Customs Act, 1962. The appellant expressed disinterest in clearing the consignment and agreed to the redemption fine of Rs.60,000. Considering this, the Tribunal found that the appellant had a case for a reduction in penalty despite being liable for it. In light of the circumstances, the Tribunal reduced the penalty from Rs.1 lakh to Rs.20,000, disposing of the appeal with this modification. The judgment delivered by the Appellate Tribunal CESTAT, Ahmedabad, highlighted the importance of accurate declaration of imported goods and the consequences of mis-declaration. The reduction of the penalty was based on the appellant's willingness to accept the redemption fine and not clear the consignment. This case underscores the significance of compliance with customs regulations and the authority's discretion in imposing penalties proportionate to the violations committed.
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