9911796707
TMI Blog2012 (10) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant. It is well settled that a Collector when adjudicating confiscation acts in a quasi-judicial capacity and that he should after due enquiry take an unbiased decision in each case applying his own mind to the materials disclosed in enquiry, independently. - penalty imposed does not also violate Section 112(b)(i) of the Customs Act. We find that the Authorities concerned have exercised the discretion properly and no substantial question of law arises for consideration in this appeal. - Decided against assessee. - Civil Miscellaneous Appeal No. 3030 of 2012 - - - Dated:- 29-10-2012 - C. Nagappan and M. Sathyanarayanan, JJ. Shri S. Murugappan, for the Appellant. None, for the Respondent. JUDGMENT This appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is challenged in this appeal. 3. The only submission of the learned counsel for the appellant is that the Tribunal failed to advert to the question as to whether margin of profit could be a factor for determining the quantum of penalty and hence, the order is liable to be set aside. The learned counsel drew our attention to Section 112(b)(i) of the Customs Act, which reads thus : 112. Penalty for improper importation of goods, etc. - Any person, - (a) who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under Section 111, or abets the doing or omission of such an act, or (b) who acquires possession of or is in any way concerned in carrying, remov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods or the person referred to in sub-section (1), shall, in addition, be liable to any duty and charges, payable in respect of such goods. In the present case, the original authority, namely the third respondent herein, imposed a fine of ₹ 7,00,000/- in his Order dated 7-5-1996 and the said finding with regard to the fine was confirmed by the Commissioner of Customs (Appeals) in his Order dated 12-11-1997. As per the proviso to Section 125 of the Customs Act, the fine imposed shall not exceed the market price of the goods confiscated. In the present case, the value of 58.50 MT of Poppy Seeds is ₹ 8,20,170/-. In fact, the market value of the said goods, works out to ₹ 26,59,090/-, as mentioned by Commissioner (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
