9911796707
TMI Blog2013 (8) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... en there was a confiscation u/s 125 - the consequences thereto as of imposition of redemption fine and penalties follow. Bonafide belief – Held that:- The claim of the assessee entertaining a bonafide belief, needs little consideration, in as much as the appellant could have been guided by the pre-shipment certificate issued by the NQAQSR, who are authorised to issue said pre-shipment inspection certificate under the provisions of Foreign Trade Policy - the said certificate also indicates that there was a 100% examination of cargo - little leniency is required on the imposition of redemption fine and penalty – appeal decided with modifications and partly in favour of assessee. - Appeal No.C/484/11 - - - Dated:- 5-6-2013 - MR. M.V. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant vide their written request dated 07.05.10 to the adjudicating authority waived show cause notice and personal hearing and requested for adjudication. The matter was concluded by adjudication wherein, apart from ordering for confiscation of 22.89435 of Aluminium Scrap Tense grade found to have been mis-declared in the bill of entry as Cast Iron Scrap under Section 111(m) of the Customs Act, 1962 with option to redeem the goods on payment of fine and imposing penalty under Section 112(a) of the Act ibid, the adjudicating authority has, based on the NIDB import price during the contemporaneous period, also ordered the mis-declared quantity of higher grade Aluminium Scrap Tense to be assessed at USD 1642 PMT. Thereafter, assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer authorities have correctly imposed the redemption fine and the penalty considering the value of the consignment being Rs.17,38,881/- which was found in the consignment. It is his submission that there was a vast difference between finding of 22.8435 MTs of Aluminium Scrap as against declared quantity of 4.59 MTs. 6. I have considered the submissions made at length by both sides and perused the records. 7. In my view, the issue in this case is regarding the excess quantity of Aluminium Scrap found on the first check basis in the consignment as against declared quantity by the assessee. The assessee-appellant has not disputed the presence of excess quantity of Aluminium Scrap in the consignment before both the lower authorities. The d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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