2007 (12) TMI 364

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..... pcs. of old and used photocopier machines-low duty, medium duty and heavy duty were confiscated by the authorities below on the ground of mis-declaration of value - the value has been enhanced from Rs. 9,13,934/-, as declared, to Rs. 14,25,110/- on the basis of market inquiry. The adjudicating authority imposed a redemption fine of Rs. 7,60,000/- and penalty of Rs. 50,000/-, which was reduced by t .....

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..... are old and used, namely, second-hand items, their value cannot be equated with those shown in VAT paid sale bills/invoices, for obviously, not the same items, but similar items. In the case of old and used goods, there can never be any identical goods for the reason that the wear and tear of each item will depend upon their age and other factors. Once the Commissioner upheld the enhancement of v .....

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..... uch a case. 4. Keeping in view all the relevant factors, I hold that a fine of Rs. 4,00,000/- (Rupees Four lacs only) will be sufficient to meet the ends of justice. Accordingly, the fine imposed by the lower appellate authority is set aside and it is enhanced to Rs. 4,00,000/-. 5. As regards penalty, I do not find any reason to interfere with the quantum thereof as the reduction is only fro .....

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