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TMI Blog2019 (12) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... DER By way of this appeal, the appellant is seeking reduction in fine and penalty and the appellant is not contesting the issue of valuation. 2. The facts of the case are as under: '3. The appellant imported 102 Units of old & used Multifunction Digital Print and copying machines (MFDs) with standard accessories from M/S. Global Copier Resources Pte Ltd., Singapore against their invoice bearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... besides finding one number of Transient Voltage Surge Suppressors' appraising the value of the surge suppresser at USD 15. The said chartered engineer appraised the value of the 101 used MFDs Rs. 19,18,356/- (CIF) as against the declared value of Rs. 17,09,867/-. The chartered Engineer also certified for the functionality of the machines and its residual life of more than five years. 5. Bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equired authorization for the subject import from the DGFT with a request for speedy clearance by considering provisional release of the goods. Besides, the appellant also submitted letters dated 18.05.2016, 17.07.2018 and 09.08.2018 detailing the facts of the case and compliance of law by them. 6. The Importer vide their letter dated 28-6-2018 requested to the department to adjudicate the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ization and passed the order holding that (a) the goods are not importable and are liable for confiscation under Section 111 (d) and 111 (m) of the Customs Act and giving an option to the appellant to re-export the same to the supplier and to the country from they were procured, (b) imposed a penalty of Rs. 3,45,304/- on the appellant under Section 112(a) of the Customs Act and (c) rejected the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced value of the goods. 5. Heard the Learned Counsel and the Learned Authorised Representative. 6. Relying of the decision of the Hon'ble High Court of Kerala in the case of Navpad Enterprises (Supra), I reduce the redemption fine to 10% of the enhanced value of the imported goods and penalty is reduced to 5% of the enhanced value of the imported goods. 7. Appeal disposed off in the above t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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