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TMI Blog2000 (7) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... r : G.R. Sharma, Member (T)]. This is an appeal filed by the importer against imposition of redemption fine of Rs. 14 lakhs and penalty of Rs. 7 lakhs. 2. The facts of the case are that the appellants imported marble blocks. When the goods arrived at the port, the appellants prepared an in-bond Bills of Entry for warehousing the goods. The department did not allow warehousing the goods and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Exim policy in para 4.15 that the marble blocks on importation at the Indian port can be warehoused after executing the warehousing Bills of Entry. He submits that the importer had accordingly submitted in-bond Bills of Entry which was permitted under the above paragraph of the Exim policy but it was the mistake of the authority not to permit warehousing of the marble blocks by presentation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the higher side. Looking to the value of the goods, penalty of Rs. 7 lakhs does not appear to be on the higher side. He, therefore, prays that the impugned order may be upheld and the appeal may be rejected. 5. Heard the rival submissions. We note that there is a provision in Exim policy for warehousing the imported marble blocks. We note that the applicants filed in-bond Bill of Entry which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the view that 100% redemption fine is not warranted. We are also of the view that looking to the value of the goods, the penalty of Rs. 7 lakhs is also on the higher side in view of the special circumstances of the case. In the circumstances, we reduce redemption fine to Rs. 7 lakhs and penalty to Rs. 3.50 lakhs. The impugned order is modified to the extent stated above and the appeal is dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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