1992 (3) TMI 197

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..... his is an appeal directed against the order-in-original passed by the Additional Collector of Customs, bearing No. SG. Misc. 5/81 A S/10-69/83 L SIIB dated 30-7-1983, ordering confiscation of three containers of diesel engines axle assemblies and crank shafts valued at Rs. 1,94,956/- but allowing redemption, on payment of a fine of Rs. 7 lakhs. The appellants were also imposed a penalty of Rs.70 .....

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..... new goods. Even for arriving at the marginal profit, no data is furnished by him. In view of this, the redemption fine is excessive, without any tangible basis. He also pleaded that the appellants have incurred a heavy loss in this import. Moreover, no penalty is called for in this case, because they had entered into a contract, only after getting the licence for second-hand items and also after .....

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..... m of fine and for setting aside the order of penalty, we went into the issues relating only to this aspect. The Addl. Collector, in his findings has observed as below: The goods are declared to be second-hand but the declared value is approximately Rs. 4/- per kg. I understand that this is the approximate CIF value of the metal scrap for import into India. This suggests the condition of the i .....

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