2014 (8) TMI 651

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..... alue of the goods, he is not seriously disputing the finding of the Commissioner of Customs as well as the Tribunal - Tribunal has, in fact, been lenient in reducing the redemption fine from ₹ 2,50,000/- to ₹ 1,00,000/- and penalty from ₹ 30,000/- to ₹ 5,000/- in a case of proven mis-declaration of goods with an intention to avail the benefit conferred under DEEC Scheme, wh .....

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..... dmitted on the following substantial questions of law: 1. In the facts and circumstance where the goods were purchased on High Sea sale basis and applicants have declared the goods initially on the basis of the description of the foreign supplier, whether at all Section 111(m) of the Customs Act is attracted? 2. In the facts and circumstance of the case, though it was observed by the 1st re .....

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..... etallurgical Laboratory, Chennai, it was stated that the goods, though apparently are of second quality, still conform to AISI 304 Grade in terms of chemical composition. Consequent to the same, the Bill of Entry was withdrawn and a fresh Bill of Entry was filed, wherein the goods were declared as Stainless Steel Coil Second Quality Grade AISI 304 . A dispute arose between the importer and the de .....

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..... of Customs. 2.3. The Tribunal was of the view that there is implicit admission by the importer that for the purpose of claiming benefit under DEEC Scheme, the importer mis-declared the goods. However, the Tribunal taking note of the fact that the goods were subsequently cleared by the importer on payment of duty, redemption fine and penalty, reduced the quantum of redemption fine and penalty t .....

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..... ₹ 5,000/- in a case of proven mis-declaration of goods with an intention to avail the benefit conferred under DEEC Scheme, which, in our considered opinion, justifies confiscation of goods and imposition of redemption fine and penalty. Considering the facts and circumstances of the case, we are of the firm view that the order passed by the Tribunal warrants no interference and the importer i .....

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