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2010 (1) TMI 546 - AT - CustomsRedemption of fine imposed a redemption fine equal to 31% of value same to be the margin of profit the importer would have been earned - Tribunal has been consistently maintaining 15% of the value as appropriate redemption fine and that 5% of the value as appropriate penalty in similar cases Held that - importer should not be allowed to get away with a bonanza of profit on illegal import Appeal is rejected.
Issues:
- Imposition of redemption fine and penalty on imported photocopiers without requisite license. Analysis: The case involved the import of 105 pieces of used photocopiers without the necessary license, leading to the confiscation of the consignment under Section 111 of the Customs Act, 1962. The original authority imposed a redemption fine of Rs. 3,10,000/-, which was 31% of the value of the photocopiers, and a penalty of Rs. 90,000/- under Section 112(a) of the Act. The Commissioner (Appeals) upheld this decision, stating that the fine was justified based on the margin of profit the importer would have earned from the illegal import. The appellants sought a reduction in the fine and penalty, arguing that previous Tribunal decisions supported a lower percentage for both. The Tribunal, after considering the arguments, found the redemption fine of 31% and the penalty of 10% of the value of the goods to be appropriate. The Tribunal referenced a decision by the Hon'ble Delhi High Court, emphasizing that importers should not benefit from illegal imports. Therefore, the appeal for reduction was rejected, and the original order was upheld. In conclusion, the Tribunal affirmed the imposition of a redemption fine of 31% of the value of the imported photocopiers and a penalty of 10% of the value, as it was deemed appropriate based on the margin of profit the importer would have earned from the illegal import. The decision was supported by legal precedents and aimed to prevent importers from benefiting from unlawful activities. The appeal for reduction was dismissed, emphasizing the importance of upholding the law and preventing unjust enrichment from illegal imports.
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