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TMI Blog2014 (3) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... s. - For the purpose of determining the quantum of redemption fine, therefore it is essential to determine the market price of the confiscated goods adjudicated upon. It is possible that adjudicating authority may not have determined the Margin Of Profit (MOP) properly and actual MOP could be more. Under such circumstances theoretically redemption fine could be enhanced. However, to arrive at such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the appellant against OIA No 436/ 2013/cus/commr(A)/ KDL dtd 25/6/2013 under which redemption fine of Rs 70,000/- imposed by the Adjudicating Authority under Sec. 125 of the Customs Act 1962 was enhanced to Rs 1,50,000/- on an appeal filed by the Revenue. 2. Shri R Subramanya (Adv.) appearing of behalf of the appellant argued that both stay and appeal should be simultaneously disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss whether redemption fine once imposed while allowing clearance of imported goods can be enhanced subsequently. Therefore, after allowing the stay application the appeal itself is taken up for disposal. Relevant Sec 125(1) of the Customs Act 1962 under which redemption with respect to confiscated goods is imposed is allowed is reproduced below: SECTION 125. Option to pay fine in li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ec. 125 of the Customs Act 1962 quantum of redemption fine cannot exceed the market price of the confiscated goods less the duty chargeable on the imported goods. In actual practice while imposing redemption fine, the margin of profit of the import is also taken into consideration by the Adjudicating Authority at the time of adjudication. For the purpose of determining the quantum of redemption fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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