9911796707
TMI Blog2000 (6) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... This is an appeal against Order-in-Original No. 37/99, dated 4-1-99 passed by Commissioner of Customs regarding import of Garlic Super Quality Grade-A vide Bills of Entry No. 10173, 10178, 10193 all dated 21-9-98 by the appellants which was confiscated under Section 111(d) of the Customs Act in view of ITC Policy violation as no valid import licence was submitted. The Redemption Fine of Rs. 49 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore margin of profit which depends on the market price was exactly the same as the market price would not fluctuate widely on the same day. Therefore, he prays that same ratio of that order be applied in this case and the redemption fine reduced on a pro rata basis accordingly which would come about Rs. 12 lakhs. He also requests for suitable reduction in penalty also accordingly. 4. Heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in the market prices during this period, therefore the facts already ascertained and recorded by the ld. Commissioner in his order noted above would apply in this case also. 6. In view of the aforesaid findings, we are inclined to adopt the same facts as contained the ld. Commissioner of Customs order cited above. Therefore, the Redemption Fine in the present order impugned is modified to Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of this case. Applying the ratio thereof, we reduce the redemption fine to Rs. 12,00,000/- (Rupees Twelve Lakhs only). Since the redemption fine has already been reduced substantially from about 99% to about 22%, it necessarily follows that interest of justice requires certain reduction in the penalty also. Therefore, the penalty is also reduced from Rs. 3,00,000 to Rs. 2,00,000/- (Rupees Two La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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