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TMI Blog2002 (11) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : Jeet Ram Kait, Member (T)]. This appeal has been filed by the appellants against the Order-in-Original No. 29/98-CAU, dt. 31-12-97 passed by the Commissioner dispatched on 10-3-98 in which the Commissioner has confiscated the impugned goods namely Chinese white Garlic and allowed the same to redeem on payment of fine of Rs. 13 lakhs on the importers. They were al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom Rs. 3000/- per 100 kgs to Rs. 5000/- per 100 kgs i.e. main wholesale price ranges from Rs. 30 to Rs. 50 per kg. He further stated that if the post importation charges are deducted, then the CIF value will not be more than Rs. 30/- and the landed cost will not be more than Rs. 36/- per kg. The accepted formula for working out the margin of profit as adopted by the department is equal to Market ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic of Chinese origin is given as US $ 82 per tonne which comes to closely to Rs. 32/- per kg which has already been accepted by the ld. Commissioner as the value for the purpose of assessment. He therefore submits that on a value of Rs. 50,30,700/- redemption fine should not have been more than Rs. 3.5 lakhs on margin profit of 26% whereas the ld. Commissioner imposed a redemption fine of 82.2% wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. 3. Heard Shri Sree Kumar Menon, ld. DR. He reiterates the findings recorded by the ld. Commissioner in Para 9 of the impugned order in which the ld. Commissioner has taken the local market price in wholesale trade at an average price of Rs. 60 per kg on a price range from Rs. 100 to 160 per kg and held the margin of profit of the order of the 85%. 4. We have considered the submissions made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the cases mentioned supra. 5. As regards the penalty, we observe that reasonable penalty has been imposed which is less than 10% of the value. We, therefore, do not interfere with the order of imposing penalty which is fair. Keeping in view the above facts and circumstances the impugned order is modified in the above terms with consequential relief, if any, as per law. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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