2004 (7) TMI 395

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..... [Order per : S.S. Sekhon, Member (T)]. Appellant is engaged in manufacturing of Quartz Analogue Watches. They import watch components, movements, for the said activity placed orders with one M/s. Ravi Diffuser. Goods were despatched by Air Cargo and B/E was filed in Ahmedabad for clearance under a Quantity Based Advance License on Release Advise obtained from Kandla Custom House. 2. .....

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..... der Sections 111(m) 111(d). 4. The appellant submitted that they had ordered for goods as permissible and for despatched goods, sent by mistake, they are not willing to take delivery, they requested permission to send the same back and no penalty on them was called. 5. Commissioner ordered the confiscation of goods under Section 111(d) of the Customs Act and allowed Re-export on fine of Rs. .....

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..... f Rs. 6 Lakhs, without challenging the assessable value declared for movement and parts is on the higher side. Redemption fines are to be related to and determined on Margin of Profit. On effecting exports, there would be no Margin of profit. The fine is therefore reduced to a token fine of Rs. 25,000/-. There is no cause for a penalty on the importer, when the bona fide of the mistake in shipment .....

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