2017 (1) TMI 915

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..... d only with a specific licence which was not done so. Since the goods are liable for confiscation under Section 111(d) of the Customs Act, 1962, penalty has been correctly imposed under Section 112(a) of the Customs Act, 1962. However, the redemption fine imposed by the adjudicating authority is on the higher side. It has been a consistent view of the Tribunal that redemption fine should be 20% of the enhanced value of the goods. Accordingly, we hold that the goods are liable for confiscation and can be redeemed on payment of redemption fine which is equivalent to 20% of the enhanced value of the engines. Appeal disposed off - decided partly in favor of appellant, by reduction of quantum of redemption fine. - C/381 to 390/06, C/466/0 .....

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..... the goods was also misdeclared. The adjudicating authority enhanced the value of the goods and also confiscated the goods with an option to redeem the same on payment of redemption fine and penalty. On an appeal, the first appellate authority concurred with the views of the adjudicating authority. 6. Learned counsel would submit that enhancement of the value by the adjudicating authority and as upheld by the first appellate authority is without any basis, transaction value can be rejected only in special circumstances as shown in Rule 4(2) of the Customs Valuation Rules, no contemporaneous import is shown by the department for enhancement of the value, valuation of secondhand goods is also to be subjected to the provisions of Section 14 .....

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..... the Customs Act, 1962, penalty has been correctly imposed under Section 112(a) of the Customs Act, 1962. 10. However, the redemption fine imposed by the adjudicating authority is on the higher side. It has been a consistent view of the Tribunal that redemption fine should be 20% of the enhanced value of the goods. Accordingly, we hold that the goods are liable for confiscation and can be redeemed on payment of redemption fine which is equivalent to 20% of the enhanced value of the engines. 11. As regards the penalties imposed by the adjudicating authority and upheld by the first appellate authority, we find that the penalties are proportionate as per the consistent view taken by the Tribunal in such kind of imports. Accordingly, we d .....

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