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TMI Blog2004 (4) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : P.G. Chacko, Member (J) (Oral)]. Three interlocutory applications are before us, one seeking waiver of pre-deposit and stay of recovery in respect of duty and penalty amounts, another one seeking early posting of the appeal for hearing and the third praying for a direction to the Commissioner for provisional release of the goods, pending the appeal. 2. Having examined the records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of a Chartered Engineer s Certificate dated 13-1-2004. The appellant, who wanted urgent clearance of the goods, waived show cause notice and requested for an early disposal of the matter. They also pleaded for a lenient view in the matter. Accordingly, ld. Commissioner of Customs, after hearing the party, passed the following order :- (i) The total assessable value of the 109 Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lopment and Regulation) Act, 1992. However, the importers are given an option to redeem the said goods on payment of a fine of Rs. 3,60,000/- (Rupees three lakhs sixty thousand only) under Section 125 of the Customs Act, 1962. (iii) I impose a penalty of Rs. 2,40,000/- (Rupees two lakhs forty thousand only) on M/s. Sai Shakti Enterprises, Thane under Section 112(a) of the Customs Act, 1962 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Commissioner in relation to the redemption fine and penalty. 6. We have perused the impugned order. The redemption fine of Rs. 3.60 lakhs imposed on the appellants under Section 125 of the Customs Act is, undisputedly, within the maximum limit prescribed under the said Section. Nevertheless, we have not come across any specific reason in the impugned order in justification of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty is not aggrieved therewith. They were only asking for a lenient decision with regard to redemption fine and penalty. The impugned order does not disclose mens rea of any high degree against the party. Taking all these factors into consideration, we are inclined to reduce the quantum of redemption fine to Rs. 2.00 lakhs (Rupees two lakhs only). Proportionately, the quantum of penalty shall stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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