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TMI Blog2022 (2) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent on which they have paid the differential duty of ₹ 18,00,000/- (approx.) therefore, considering the duty paid by the appellant and margin of profit, the Ld. Commissioner (Appeal) has rightly reduced the redemption fine from ₹ 17,00,000/- to 1,00,000/-. The redemption fine imposed by the Ld. Commissioner (Appeal) is sufficient in the interest of justice. Further, in the impugned order, the Ld. Commissioner (Appeal) recorded the finding that there is no finding given by the adjudicating authority for imposing the penalty under Section 117 of the Act. In that circumstances, the Ld. Commissioner(Appeal) has rightly dropped the penalty against the respondent. There are no infirmity in the impugned order - appeal dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of the Customs Act, 1962. The said order was challenged by the appellant before the Ld. Commissioner (Appeal) who uphold the charge of misdeclaration of description and value but held that there is no misdeclaration of quantity and further uphold the enhanced value 82,23,829/- but reduced the redemption fine to ₹ 1,00,000/- and penalty was dropped holding that there is no recording of the findings for imposing penalty under Section 117 of the act by the adjudicating authority. Against the said order, the Revenue the is before me. 3. The Ld. AR appearing on behalf of the Revenue submits that the description and value of the impugned goods has been misdeclared by the appellant and 1/3rd of the quantity was found as declared but rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that circumstances, the charge of misdeclaration of quantity is rightly dropped by the Ld. Commissioner (Appeal). It is a fact on record that the declared price has been accepted by the respondent on which they have paid the differential duty of ₹ 18,00,000/- (approx.) therefore, considering the duty paid by the appellant and margin of profit, the Ld. Commissioner (Appeal) has rightly reduced the redemption fine from ₹ 17,00,000/- to 1,00,000/-. The decision relied upon by the Ld. AR with regard to reduction of redemption fine in the case of Essar Oil Ltd. (Supra), there was misdeclaration of quantity, description etc. has been considered by the Hon ble Apex Court for quantum of redemption fine, the fact of each case are relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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