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TMI Blog2013 (9) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... DGFT Notification - After considering the amount of declared value and it was a first time import on the facts and circumstances of the case the amount of redemption fine and penalty should be reduced – appeal decided partly in favour of assessee. - Appeal No. C/350/2012 - - - Dated:- 8-2-2013 - Shri P.K. Das, J. For the Appellant: Shri M. Karthikeyan, Advocate For the Respondent: Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and was not aware of the DGFT Notification and therefore no fine and penalty should be imposed. He relied upon the decision of the Hon ble Calcutta High Court in the case of Extrusion Vs. Collector of Customs 1994 (70) ELT 52 (Cal.). He further submits that the adjudicating authority imposed fine and penalty taking into account the enhanced value and therefore Commissioner (Appeals) should have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the redemption fine and penalty on the basis of the enhanced value of Rs.9,68,613/-. Commissioner (Appeals) set aside the enhanced value, and upheld the declared value of Rs.3.32 lakhs. It is seen that DGFT Notification dated 30.6.2008 allowed free import of marble blocks / tiles provided the value is USD 50 and above per sq. mt. Admittedly, the value of the goods is less than USD 50 and violatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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