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TMI Blog2008 (10) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... sable valued of the goods imported by M/s. Kangra Overseas and that of the goods imported by M/s. Surya International are Rs. 5,01,086/- and Rs. 9,21,330/- respectively. The appellate authority fixed the quanta of redemption fine and penalty on M/s. Kangra Overseas at Rs. 1,25,000/- and Rs. 40,000/- respectively, while in respect of M/s. Surya International, the fine and penalty were fixed at Rs. 70,000/- and Rs. 20,000/- respectively. In the first appeal, the Revenue is aggrieved by the acceptance of the value declared by the importer as also by the rejection of fine and penalty imposed by the original authority. In the other appeal also, the appellant seeks the fine and penalty imposed by the original authority, to be restored. The ld. SD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... areful consideration to the submissions, we note that the assessable value determined in each case is beyond question inasmuch as the ld. Commissioner (Appeals) has stated cogent reasons for maintaining the assessable values at Rs. 15,01,086/- and Rs. 9,21,330/- respectively in respect of the goods imported by M/s. Kangra Overseas and M/s. Surya International. No valid ground has been raised in support of the prayer for enhancement of value of the goods imported by M/s. Kangra Overseas. Neither of the respondents can assail the confiscation of the goods inasmuch as the decision of the Commissioner (Appeals) has not been challenged by them. It is noted that, in the case of Sai Copiers, this Bench had reduced the quanta of fine and penalty im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l has not cited any rival decision of any competent court of law in support of his claim that the formula laid down in Sai Copiers case is inapplicable to the present case. For the reason stated by us, it is not open to the appellant either to seek enhancement of fine and penalty beyond the level fixed by the Hon'ble High Court in Sai Copiers case. Hence there is no question of restoration of Order-in-Original. Respectfully following the Hon'ble High Court's ruling, we enhance the quanta of fine and penalty on M/s. Kangra Overseas and M/s. Surya International to Rs. 2.25 lakhs (Rupees Two lakhs twenty five thousands only) and Rs. 75,000/- (Rupees Seventy five thousands only) respectively. Similarly, the quanta of fine and penalty on M/s. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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