9911796707
TMI Blog2024 (2) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant under the Settlement Commission s order, we are of the view that it would be only fair that a lenient view be adopted with regards to the quantum of fine and penalty imposed. Accordingly, in Appeal, the redemption fines of Rs. 12,00,000/-, Rs. 20,00,000/- and Rs. 7,50,000/- are reduced to Rs. 6,00,000/-, Rs. 10,00,000/- and Rs. 4,00,000/- respectively and in Appeal, penalty of Rs. 20,00,000/- is reduced to Rs. 5,00,000/- The impugned order is modified to the above extent. Appeals are partly allowed in above terms. - HON'BLE MEMBER ( JUDICIAL ) , MR. RAMESH NAIR And HON'BLE MEMBER ( TECHNICAL ) , MR. RAJU Shri Neerav Mainkar , Advocate for the Appellant Shri Himanshu P Shrimali , Superintendent ( AR ) for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur Thousand Seven Hundred Fifty Four only) in respect of the goods imported vide Bill of Entry No. 5961450 dated 12.04.2018 and order to re- determine the same as Rs. 82,54,627/- (Rupees Eighty Two Lakh Fifty Four Thousand Six Hundred Twenty Seven only) [ as per Table A in Para 16.1 of the Show Cause Notice ],under Section 14 of the Customs Act, 1962 read with Rule 9 of the Customs Valuation (determination of value of the imported goods) Rules.2007. (ii) I hold the goods imported vide Bill of Entry No. 5961450 dated 12.04.2018, seized and valued at Rs. 82,54,627 (Rupees Eighty Two Lakh Fifty Four Thousand Six Hundred Twenty Seven only), as detailed in Table-A of the SCN, liable for confiscation under Section 111 (m) of Customs Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1-/-(Rupees Fifty Three Lakh Ninety Thousand Nine Hundred Eleven only), under Section 14 of the Customs Act, 1962 read with Rule 9 of the Customs Valuation (determination of value of the imported goods) Rules, 2007. (vi) I hold the goods valued at Rs. 53,90,911/- seized in godown premises of the Importer and Imported vide different Bills of Entry (as detailed in Table C in Para 16.3 of the SCN) liable for confiscation under Section 111 (m) of Customs Act, 1962. However, I give an option to the importer to redeem the same on payment of redemption fine of Rs. 7,50,000.00 (Rupees Seven lakh Fifty Thousand only) under Section 125 of the Customs Act, 1962. (vii) I do not impose any penalty upon the importer M/s Reshma Enterprises, Shop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant has paid the said amount, no further liability subsists on this account. 7.2 Interest: Bench settles the interest liability at Rs. 40,15,479/-. Since, the Applicant has paid the said amount, no further liability subsists on this Account. 7.3 Penalty:- Penalty of Rs.15,00,000/- is imposed on the Applicant M/s. Reshma Enterprises which should be paid within 30 days of receipt of this order. 7.4 Prosecution:- The Bench grants immunity from prosecution to the Applicant M/s Reshma Enterprises under Customs Act, 1962 so far as proceedings under the instant Show Cause Notice against them are concerned. 8. The above immunities to the Applicant are granted under Section127 H (1) of the Act. Their attention is also invited to the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty on the Appellants in terms of Section 112. The view taken by the Learned Commissioner is that the adjudicating authority vide Order in Original held that the goods were liable for confiscation as it was an admitted fact by the appellant that they had undervalued the goods by way of fraud under Section 111(m) of the Customs Act, 1962 and thereby upheld the Order-in-Original. It is the Appellants case that no fine, penalty on them should be imposed. 4.1 We observe in the present case that the immunity granted to the Appellant is under show cause notice No. DRI/HQ CI/50D/Int-2/2018/CI/8935 dated 14.11.2019 does not ipso facto cover the show cause notice No. DRI/HQ CI/50D/Int-2/2018/CI-7806-7809 dated 04.10.2018. However taking into c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
