9911796707
TMI Blog1995 (9) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... ower authority on the ground that the redemption fine levied by the learned lower authority is grossly inadequate taking into consideration the value of the offending goods and have urged as under in the grounds of appeal : Even though the adjudicating authority has the discretionary powers to decide the penalty amount, he is bound to exercise his discretion judiciously and with responsibility. The gravity of offence warranted imposition of higher fine and penalty. 2. The learned Departmental Representative pleaded that admittedly the goods in question were not covered by any licence and were liable to confiscation. He has pleaded that the learned lower authority has taken note of the fact that during the period from 6-11-1990 to 19-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clearance under DEE Scheme and in any case the facility for importation under OGL was only temporarily suspended only for a period of about 2 months on account of foreign exchange reserve crunch. The appellants pleaded that after importation of the goods they had deposited the same in the warehouse and had hoped that on account of the nature of the raw materials involved the licence would be issued. We had put it to the learned representative of the respondents as to how the goods which had been confiscated and legally had become the property of the Government subject to the release on payment of redemption fine could have been allowed release under DEE Scheme when the order of confiscation subsisted, he has nothing specific to say in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs. The learned lower authority has not even attempted to ascertain the margin of profit or taken this aspect into consideration. We have also been informed that the appellants became eligible to clear the goods under the DDE Scheme later from the Bond against the licence issued under that scheme. The plea of the respondents is that question of eligibility for clearance of the goods under the DEE Scheme of the goods which had been imported earlier without an import licence in violation of the law as established could be taken to be covered by the licence produced later under the DEE Scheme is also required to be considered. It is pleaded that the goods came to be covered by the licence issued under the DEE Scheme and were allowed clearance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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