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TMI Blog2018 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... the duty liability of the imported goods valued at ₹ 3,87,310/- is only around ₹ 19,000/-, the quantum of redemption fine of ₹ 2,00,000/- imposed is surely not commensurate with the differential duty liability - Further, while deciding the quantum of redemption fine, the facts and circumstances including the margin of profit, market price of the goods confiscated etc., have to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, on examination, the consignment revealed the presence of excess quantity of 140 Nos. of Mobile Phones which were valued at ₹ 3,87,310/-. On adjudication, the entire consignment was confiscated by the adjudicating authority under Section 111(m) of the Customs Act, 1962, an option for redemption under Section 125 ibid was given subject to payment of fine of ₹ 5,00,000/-, a penalty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 125 of the Act is not commensurate with the value of the confiscated goods and is not justified. Further, the appellants have all along submitted that they were not aware of the excess goods consigned by the foreign supplier. 3. On the other hand, Ld. AR, Shri A. Cletus, ADC, supports the impugned order. He submits that the Commissioner (Appeals) has considered the prayers of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and circumstances including the margin of profit, market price of the goods confiscated etc., have to be taken into account. There is no such exercise forth-coming in the impugned order. This being so, we are of the considered opinion that the interests of justice would be adequately served by reducing the redemption fine under Section 125 ibid from ₹ 2,00,000/- to ₹ 50,000/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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