2008 (11) TMI 468

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..... spondent. [Order per : M. Veeraiyan, Member (T) (for the Bench)]. This is an appeal against the order of the Commissioner No. 77/Cus/Appl/Ldh/2005 dated 30-8-05. 2. Heard both sides. 3. Relevant facts in brief are as follows : (a) The appellant imported five old electric motors and declared the assessable value as 1100 Oman Riyal (around Rs. 23,000/- per piece). (b) The .....

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..... issioner (Appeals) upheld the assessable value adopted but reduced the redemption fine from Rs. Two lakhs to Rs. 50,000/- and penalty from Rs. One lakh to Rs. 35,000/-. 4. Learned advocate submits that the goods were old and used and required lot of reconditioning before the same could be used. This was evident from the reports of three Chartered Engineers as well. The redemption fine sustained .....

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..... ted without the licence, confiscation requires to be upheld. However, taking into account the heavy demurrage incurred and also considering the lowering of the assessable value, we are inclined to further reduce the redemption fine from Rs. 50,000/- to Rs. 10,000/- (Rupees Ten thousand only) and personal penalty is further reduced to Rs. 5,000/- (Rupees Five thousand only). 7. The appeal is disp .....

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