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TMI Blog2013 (10) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... nless Steel Coils' declaring it to be prime quality and paid the rate of duty applicable for prime quality stainless steel coil of 5% BCD + 16% CVD + various cesses. The Revenue on examination of the goods felt that the goods were secondary quality. For goods of secondary quality, the rates of duty applicable were 10% BCD+16%+ various cesses. Revenue drew samples and sent it to the National Metall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a nominal redemption fine of Rs. 15,000/- under Section 125 of the Customs Act, 1962. Further, he imposed a penalty of Rs.10,000/- under Section 112 (a) of the Customs Act, 1962. The Revenue is aggrieved that the redemption fine and penalty imposed are very low considering the value of the goods. Hence, the present appeal before the Tribunal. 2. Arguing for the Revenue, the Ld. AR submits that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er may be modified by increasing the fine and penalty. 4. Opposing the prayer, the Ld. Advocate submits that according to their letter dated 11.02.08, the goods have already suffered heavy demurrage and it was economical to pay higher rate of duty and clear the goods rather than drag the issue. Further, he points out that the value of the goods declared in the bill of entry corresponded to the va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s like demurrage and detention charges which are also relevant for determination of redemption fine. Further we note that the respondent has already suffered by paying higher rate of duty on the value of prime quality steels whereas if goods were actually of prime quality the incidence where lower or if the goods were seconds then value would have been lower which also would have resulted in payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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