9911796707
TMI Blog1994 (12) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the order of Collector of Customs (Appeals), Bangalore. Under the impugned order, the learned lower authority has modified the order of the original authority reducing the redemption fine in respect of the goods from Rs. 3.00 lakhs to Rs. 50,000 held to be confiscable and the penalty on the appellant from Rs. 2.00 lakhs to Rs. 50,000. 2. The learned Consultant has pleaded that the brief f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Section 111(m). He, however, pleaded that the learned lower appellate authority appreciated the facts in the correct perspective and took note of the fact that the clearing agent had owned up the mistake for not declaring the value correctly and in Para 7 of the order has observed as under : Keeping in view the above Judgments and in the absence of any evidence from the Department, to substa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as the appellant is concerned should be set aside. 3. The learned SDR has pleaded that the learned lower authority in his order no doubt has held the confiscability of the goods under Section 111(d), he has in the findings clearly mentioned that there was mis-declaration of the value and has invoked Section 111(m) against the appellants. He pleaded that on facts it is not disputed that the va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claration of the value is not disputed. Appellants plea is that it was the fault of the clearing agent and he failed to take note of the two invoices which the appellant had submitted for filing before the customs authorities. It is a matter of record that during the course of the processing of the bill of entry for assessment and other purposes, the authorities on scrutiny of the documents detec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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