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TMI Blog2016 (2) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... fire crackers which is a restricted item which can be imported only on the strength of license L 8. As the appellants were not having license L 8 , therefore, these goods were absolutely confiscated. It was also alleged that goods were undervalued. Held that:- On merits, there is no issue before me. Therefore, I confirm the order on merits. - the penalty imposed on the appellant upheld - Dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation, the goods were examined, they were found to be fire crackers which is a restricted item which can be imported only on the strength of license L 8. As the appellants were not having license L 8 , therefore, these goods were absolutely confiscated. It was also alleged that goods were undervalued. Therefore, the value of goods has been determined and penalties were imposed on the appellant ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that as fire crackers are restricted item particularly restricted for import from China, in that case, penalty imposed on the appellant is on lower side and penalty should be enhanced. 5. Heard the parties. Considered the submissions. 6. On merits, there is no issue before me. Therefore, I confirm the order on merits. But the learned Counsel for the appellants contested the quantum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 8 lakh, ₹ 5 lakhs under section 112A and 114 AA of the Act which is highly excessive as compared to penalty imposed on the appellant in Appeal No. C/58383/2015. Therefore, quantum of penalty imposed on the appellants is reduced to ₹ 2 lakh and Rs.One lakh under sections 112A and 114AA of the Act respectively in all the appeals. 8. With these terms, appeals are disposed of. (Di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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