9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 1583 - AT - CustomsQuantum of redemption fine - case of appellant is that reduction of redemption fine from ₹ 3,94,000/- to ₹ 1,20,000/- has not been translated into the order portion - Held that - the Commissioner (Appeals) has indicated in para 4.4 of the impugned order his inclination to reduce the redemption fine to ₹ 1,20,000/- - Presumably by inadvertence, the same has not been reflected in the order portion in para-5 of the impugned order. Ld. D.R. fairly concedes this fact - redemption fine under Section 125 ibid should also be reduced from ₹ 3,94,000/- to ₹ 1,20,000/- - appeal allowed.
Issues: Import of used Laser Jet Printers and used Digital Multifunction Print & Copier machines.
The judgment concerns the import of used Laser Jet Printers and used Digital Multifunction Print & Copier machines. The lower authority had enhanced the declared value of the goods, ordered confiscation under Section 111 (d) and Section 111 (m) of the Customs Act, 1962, with an option to redeem the same on payment of a fine of ?3,94,000 under Section 125. Additionally, a penalty of ?3,94,000 was imposed under Section 112 (a). The Commissioner (Appeals) modified the penalty to ?40,000 but upheld the rest of the order. The appellants appealed, pointing out that the Commissioner had indicated a desire to reduce the redemption fine to ?1,20,000 in the findings but failed to reflect this in the order. Despite the appellant's absence during the hearing, the Tribunal noted the Commissioner's inclination to reduce the redemption fine to ?1,20,000 based on a Madras High Court judgment. The Tribunal held that the redemption fine should indeed be reduced to ?1,20,000 and disposed of the appeal accordingly, without interfering with any other part of the order. In conclusion, the judgment addressed the issue of redemption fine reduction based on the Commissioner's inclination as per the Madras High Court judgment, correcting the oversight in the order. The Tribunal upheld the reduction of the redemption fine to ?1,20,000 and disposed of the appeal accordingly.
|
