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2018 (12) TMI 1848

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..... mporter who also incurred demurrage for more than one month. In these circumstances the redemption fine should have been of the lower amount. There is no miss-declaration of value and goods are not liable for confiscation under Section 111 (m) of the Act and appellant had accepted the enhanced value and duty was paid in excess on enhanced assessable value from declared value to USS 1.316 (when they only agreed up to USD 1.10) and the importer had paid the extra duty - The quantum of redemption fine and penalty also reduced. There are no infirmity with the impugned order and the same is hereby sustained - appeal of Revenue dismissed. - C/78053/2018 - FO/77071/2018 - Dated:- 7-12-2018 - Shri P.K. Choudhary, Member (Judicial) Shri .....

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..... to ascertain the actual margin of profit (MOP), beside this, approximately 25% value was extra loaded without any reasonable justification and same was accepted by the importer who also incurred demurrage for more than one month. In these circumstances the redemption fine should have been of the lower amount. There is no miss-declaration of value and goods are not liable for confiscation under Section 111 (m) of the Act and appellant had accepted the enhanced value and duty was paid in excess on enhanced assessable value from declared value to USS 1.316 (when they only agreed up to USD 1.10) and the importer had paid the extra duty. 38. Accordingly, enhanced assessed value is confirmed. I set aside the confiscation under Section 111 (m) .....

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..... rate to the offence considering that alleged charge of under valuation under Section 111 (m) has been set aside and therefore, I reduce the personal penalty to 5% of CIF assessed value under Section 112 (a) of the Act. I, therefore, while imposing redemption fine and penalty, in respectful manner, follow the case laws of M/s Navpad Enterprises 2009 (235) E.L.T. 376 (Tri.-Bang.) affirmed by Hon ble Kerala High Court and same stand taken by Hon ble Tribunal, Kolkata in case reported in 2010 (261) ELT 824 (T) and in case of CC (Port) Vs. Sambhav Enterprises and others vide A/522/Kol/2009 and A/523/Kol/2009 dt. 27.08.2009; accordingly I modify the OIO and reduce the redemption fine to 10% and penalty to 5% of assessed value as follows: .....

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