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2012 (10) TMI 77

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..... - C.S.T.A. Nos. 22 and 24 of 2007 - - - Dated:- 12-8-2011 - N. Kumar and Ravi Malimath, JJ. REPRESENTED BY : Shri N.R. Bhaskar, Advocate, for the Appellant. [Judgment per : N. Kumar, J.]. These appeals are filed by the Revenue challenging the order passed by the Tribunal which has reduced redemption fine to 50% of what was imposed by the Commissioner of Customs. In coming to the c .....

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..... e Mumbai Bench has fixed the fine at 45% of CIF value as determined and penalty at 5% of CIF value as determined. He submits that appellants would be done justice, if such a similar order is passed in their favour keeping in view the above cited judgments. In fact, as is clear from para 3 of the impugned order, the learned departmental representative fairly conceded that position with cited cas .....

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..... demption fine it is necessary to bear in mind the fact that the fixation of the quantum of the redemption is in exercise of the discretionary jurisdiction of the authorities under the Customs Act and ordinarily this Court, while exercising jurisdiction either under Article 32 or under Article 136 of the Constitution, would be slow to interfere with such an order unless it is shown to be thoroughly .....

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