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TMI Blog1999 (4) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents. [Order per : Gowri Shankar, Member (T)] The following questions have been proposed for reference to the High Court :- (i) That the Hon ble Tribunal failed to appreciate that redemption fine and penalty as stipulated in Section 125 of Customs Act, 1962 is levied in accordance with the market price of the imported goods depending upon the condition and quantity of the goods and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arises. Accordingly there is no basis for a further reference and the application is dismissed. 3. We would however like to address the question that has been raised in this application. It is relevant to note that one of us, Gowri Shankar, Member (Technical), wrote the order in Archana International v. C.C.E. The question for decision in that appeal was the quantum of redemption fine. Para 5 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be appropriate to apply. Applying this to the value of the engines under consideration, it declared 100% as correct. It had observed in passing that the Madras Bench had also held 100% to be appropriate. 4. It will be evident therefrom that Archana International was confined to the fact of the case `It did not intend to lay down, nor has it laid down, level of 100% of margin of profit to b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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