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TMI Blog2007 (11) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... , 'the Tribunal'] in Appeal No. C/39-41/2001-A filed by the appellants and No. C/372/2001-A filed by the Revenue whereby and whereunder the Tribunal, while dismissing the appeal filed by the appellants, accepted the appeal filed by the Revenue and enhanced the amount of penalty under Section 114A of the Customs Act, 1962 (for short 'the Act') from Rs. 50,000/- as imposed by the Commissioner of Customs, Goa to Rs. 10,00,000/- and the redemption fine under Section 125 of the Act from Rs. 2,50,000/- to Rs. 10,00,000/-. 2.The assessee-appellants herein had imported Integrated Circuits (ICs) from a firm in Hong Kong by declaring the value of the consignment at HK $ 40,492.49. Directorate of Revenue Intelligence (DRI) authorities at Goa examine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the proprietor of the firm to Rs. 10,00,000/-. The penalty imposed on the firm was set aside. Insofar as the redemption fine is concerned, the same was enhanced to Rs. 10,00,000/-. 5.Being aggrieved by the order of the Tribunal, the assessee has come up in appeal before us. 6.Shri L.P. Asthana, learned counsel appearing for the appellants did not either dispute, the value of the goods which was fixed by the authorities at Rs. 23.4 Lac or the amount of differential duty. He has not disputed the culpability of the appellants as well. The only point raised by him is regarding the enhancement of the amount of penalty as well as the redemption fine. 7.In this context it would be appropriate to refer to the relevant sections, viz., Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purposes of this Section, the duty or interest as reduced or increased, as the case may be, shall be taken into account : Provided also that where the duty or interest determined to be payable is increased by the Commissioner (Appeals)., the Appellate Tribunal or, as the case may be, the court, then, the benefit of reduced penalty under the first proviso shall be available if the amount of the duty or the interest so increased, along with the interest payable thereon under section 28AB, and twenty-five per cent of the consequential increase in penalty have also been paid within thirty days of the communication of the order by which such increase in the duty or interest takes effect : Provided also that where any penalty has been levie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods is imposed under sub-section (1) the owner such 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." 8.According to the learned counsel for the appellants, the maximum penalty which could be imposed under Section 114A of the Act can be equal to the duty demanded which, in the present case, was Rs. 4,91,000/- whereas the Tribunal has enhanced it to Rs. 10,00,000/-. It is further submitted by him that under Section 125 of the Act the Commissioner could impose the fine in lieu of confiscation as he deemed fit but it could not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon. According to h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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