2016 (12) TMI 638

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..... penalty are considerable looking to the spirit of the proviso under section 125(1) of the Customs Act, 1962 and section 112 of the Customs Act, 1962. A higher limit not exceeding the market value of goods less than the duty payable is prescribed as redemption fine in law. Learned Commissioner (Appeals) has not gone to extreme limit. But he has proceeded upto 25% of the assessed value to impose re .....

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..... raneous consideration of irrelevant factors. Therefore, all the orders are not sustainable. 2. Revenue on the other hand says that the orders passed have met the scrutiny of law and confiscation was warranted because the goods were restricted items. To this proposition of Revenue, appellants failed to lead evidence to hold that their proposition is correct. Revenue accordingly submitted that .....

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..... he duty payable is prescribed as redemption fine in law. Learned Commissioner (Appeals) has not gone to extreme limit. But he has proceeded upto 25% of the assessed value to impose redemption fine. He also found that penalty was rightly imposed. 5. Looking to the life of the machines imported, it does not appear reasonable to go with the percentage method of calculation of redemption fine si .....

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