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TMI Blog2023 (7) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be restricted to 5% of the assessable value. Taking the facts and circumstances into consideration, the impugned order modified to the extent that the penalty reduced from Rs. 3,10,000/- to Rs. 48,000/- under Section 112(a) of the Customs Act, 1962 - redemption fine of Rs. 1,91,000/- upheld - it is also noted that appellant has already paid redemption fine and penalty at the time of clearance of the goods. Appeal allowed in part. - Customs Appeal No. 85326 of 2021 - FINAL ORDER NO. A/85901/2023 - Dated:- 11-5-2023 - HON BLE MR. ANIL G. SHAKKARWAR, MEMBER (TECHNICAL) Appearance: For the Appellant : Shri V.M. Doiphode, Advocate For the Respondent : Shri Ram Kumar, Authorized Representative PER: ANIL G. SHAKKARW ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal along with other similar appeals through Final Order dated 04.07.2005 by remanding the matter to the original authority to verify the factual position of margin of profit and to decide upon quantum of redemption fine and penalty after taking into account the appellant s submissions and calculations on the point of margin of profit. In compliance to the said Final Order dated 04.07.2005, Order-in-Original dated 22.01.2021 is passed. Through the said order dated 22.01.2021 the original authority did not interfere with the redemption fine of Rs. 1,91,000/- and imposed penalty of Rs. 3,10,000/-. Aggrieved by the said order, appellant is before this Tribunal. 3. Heard the learned Counsel for the appellant. Learned Counsel for the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the impugned order, the appellant had submitted before the original authority that fine cannot be more than Rs. 1,91,000/- and penalty may be restricted to 5% of the assessable value. Taking the facts and circumstances into consideration, I modify the impugned order to the extent that I reduce the penalty from Rs. 3,10,000/- to Rs. 48,000/- under Section 112(a) of the Customs Act, 1962. I do not make any change in the redemption fine of Rs. 1,91,000/-. I also note that appellant has already paid redemption fine and penalty at the time of clearance of the goods. 6. In above terms, the impugned Order-in-Original is modified and appeal is partially allowed. (Order pronounced in open court on 11.05.2023) - - TaxTMI - TMITax - Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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