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TMI Blog2008 (4) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... PRESENTED BY : Shri A.K. Jayaraj, Advocate, for the Appellant. Shri M.K.A.K. Mohiddin, JDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. - This appeal filed by M/s. Impact Systems Inc, Kolkatta, is directed against an order of the Commissioner of Customs, Tuticorin. In the impugned order the Commissioner enhanced the assessable value of old and used photocopiers from the decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 112(a) of the Customs Act, 1962. After due process of law, the Commissioner passed the following order. The imported 30 units of old analogue photocopiers and 73 units of old digital multi-function (print and copying) machines are confiscated under Section 111(d) of the Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development and Regulation) Act, 1992 and Section 111(l) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t margin of profit of used photocopiers was 25% of the sale price. In the said case, the goods of value Rs. 21,39,753/- were confiscated and redemption allowed on payment of a fine of Rs. 5,35,000/-. The appeal against the said order was disposed by this Bench by retaining the fine at Rs. 5.35 lakhs and reducing the penalty from Rs. 16 lakhs to Rs. Two lakhs. 3. The Counsel also submits a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upees Five lakhs had been ordered. In one of the contemporaneous orders cited by the ld. Counsel, Commissioner recorded that profit in such cases is around 25%. However this was not ascertained on market enquiries. In the instant case also market enquiries have not been conducted. As the value of the impugned goods has been determined to be Rs. 20.45 lakhs, we consider a fine of Rs. Four lakhs wil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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