9911796707
TMI Blog2016 (12) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... rity has come to a clear finding that there is no role played by the present appellant for the under valuation adopted by the importer at the time of import of the goods. But still he has gone ahead in imposing of penalty upon the importer. Otherwise also I find that the import was two years prior to sale of the bike in question, in which case the appellant, in the absence of any evidence to the contrary cannot be held to be the party to the illegal import so as to impose penalty upon him. In view of the findings of the Commissioner (A) himself, there is no justifiable reason to impose penalty - penalty set aside - appeal allowed - decided in favor of appellant-assessee. - C/56285/2013-CU(SM) - FINAL ORDER NO. 54103/2016-CU(SM) - Dated:- 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the demand of ₹ 3,39,200.50/- as also confiscating the superbike with an option to the appellant to redeem the same on payment of redemption fine of ₹ 1,30,000/-. Penalty of ₹ 1 lakh was also imposed upon the appellant. 5. On appeal against above, Commissioner (A) reduced the redemption fine to ₹ 50,000/- and penalty to ₹ 25000/-. The said order of the appellant authority is appealed against in respect of penalty only. 6. For better appreciation of the reasons adopted by the Commissioner (A) for upholding the penalty (though reduced), on the assessee, the relevant part of the order is reproduced below: The gist of the issue is that the Appellant purchased the said second hand motor bike from M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Greenwood Export Global Pvt. Ltd. Hence the issue about the role of the appellant in the entirety of the case resulting in the import of the said bike illegally stood nullified. I find that the appellant purchased this second hand and used motor bike admittedly at lower value than the normal value of imported bike during the material period. Hence, the issue is whether such purchase at lower value can be considered for invoking the provisions of section 112(b) of the Act ibid. As observed above, the issue is clear that the appellant purchased the said second hand and used bike from Shri Rishi Sood which was duly registered with local authorities, which was got transferred in the name of the Appellant after the purchase and the tra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
