2015 (12) TMI 791

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ap, brass scrap, stainless steel scrap and aluminum scrap is correct. These scrap were attached/intact with HMS. In such circumstances, redemption fine and penalty imposed, in my view is on the higher side. - Redemption fine and penalty is reduced - Decided partly in favour of assessee. - Appeal No. C/50912 & 50917/2015-Cus-SM - Final Order No.52838-52839/2015 - Dated:- 11-9-2015 - Smt.Sulekha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ods were misdeclared. The adjudicating authority apart from ordering to pay appropriate customs duty, ordered confiscation of the goods giving option to redeem the goods on payment of redemption fine under section 125 of Customs Act, 1962. In both appeals, the redemption fine ₹ 3 lakh each was imposed. Further under section 112 of Customs Act, 1962 penalty of ₹ 1 lakh (appeal No.C/5091 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... perusal of the records, the contention of learned Counsel that the import of the goods contained only negligible copper scrap, brass scrap, stainless steel scrap and aluminum scrap is correct. These scrap were attached/intact with HMS. In such circumstances, redemption fine and penalty imposed, in my view is on the higher side. Redemption fine if reduced to ₹ 1 lakh (one lakh) and penalty if .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X