2017 (8) TMI 878 - AT - Customs

Quantum of Redemption fine - penalty - import of restricted item - old and used photocopiers - Held that - As seen from the value enhanced as well as the redemption fine and penalties imposed, we are of the opinion that the redemption fine and penalties are high and requires interference - the quantum of redemption fine and penalty reduced - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Import of old and used photocopiers, imposition of redemption fine and penalty without considering market value.

Analysis:
The appellants imported old and used photocopiers which were considered restricted goods due to the import date being prior to 19.10.2005. The focus of the appeal was on the imposition of redemption fine and penalty rather than contesting the enhanced value. The appellants argued that the redemption fine and penalties imposed lacked basis as the adjudicating authority failed to consider factors like profit margin or comparable goods to determine the market value.

The learned counsel representing the appellants emphasized the absence of proper consideration by the adjudicating authority, while the AR for the respondent reiterated the findings in the impugned order. After hearing both sides, the tribunal concluded that the redemption fines and penalties were unreasonably high and required intervention.

As a result of the analysis and evidence presented, the tribunal decided to reduce the redemption fines and penalties in each appeal. The revised amounts were specified for each case, reflecting a decrease from the initial impositions. The appeals were partly allowed without interfering in the enhancement of value, and the appellants were granted the possibility of consequential relief as per the law.

The judgment was delivered by a bench comprising Ms. Sulekha Beevi C.S., Member (Judicial), and Shri V. Padmanabhan, Member (Technical). The appeals were heard together due to the common issue involved and were disposed of through a single order. The tribunal's decision focused on rectifying the excessive redemption fines and penalties imposed, ensuring a fair and just outcome for the appellants.