9911796707
TMI Blog2011 (8) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... inding of nominal margin of profit of Rs.500/- per machine. As such, the profit earned by the respondent on 141 machines would be around 70,000/-. Even if the entire margin of profit is wiped out the redemption fine of Rs.2.50 lakhs confirmed by the Commissioner (Appeals) is much on the higher side.Similarly, the penalty reduction to Rs.50,000/- cannot be faulted upon inasmuch as there was no mis-declaration of description of the goods. - C/567 of 2007 - - - Dated:- 4-8-2011 - Ms. Archana Wadhwa, Shri Mathew John, JJ. Appearance: Appeared for Appellant : Shri R.K. Gupta, SDR Appeared for Respondent : Shri S. Yadav, Advocate Per Archana Wadhwa : Being aggrieved with the order passed by the Commissioner (Appeals), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said order, the Commissioner (Appeals) rejected the appeal on merits but taking into account the over all facts and circumstances of the case reduced the redemption fine to Rs.2.50 lakhs and penalty to Rs.5000/-. But for the reduction in the above quantum of fine and penalty the appeal was otherwise rejected. Revenue is in appeal against such reduction of fine and penalty. 7. For better appreciation, we reproduce relevant portion of the impugned order of Commissioner (Appeals), detailing therein the reasons for reducing the fine and penalty :- "However, it is also a fact that the appellant has imported 'Old and Used complete Photocopiers Incorporation Optical systems-Low duty and Medium duty' and have not misdeclared the description ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Kapsons Industries Vs. Commissioner of Customs, Mumbai reported as 2005 (186) ELT 490 (Tri.-Del.) and the fact that the appellant have not misdelcared the description of goods and the value has already been loaded, leading higher payment of duty, it is felt that ends of justice will be met if the redemption fine is reduced to Rs.2,50,000/- (Rupees Two lakhs and fifty thousand only) and penalty is reduced to Rs.50,000/- (Rupees Fifty thousand only). The Order-in-Original No. 24/ADC/CFS/LDH/07 dated 5.5.07 stands modified only to the above extent." 8. The Revenue in their memo of appeal have pleaded that in terms of the provisions of Section 115(2) of the Act, the redemption fine imposed under Section 125 shall not exceed the market pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
