9911796707
TMI Blog2025 (1) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order, the Commissioner (Appeals) upheld the confiscation of carpets but set aside the confiscation of the threading bars. He reduced redemption fine to Rs. 1,00,000/- and penalty under section 114 (iii) also to Rs.1,00,000/-. In the Final Order, this Tribunal reversed the reduction of redemption fine and penalty with respect to carpets but did not specify by how much these have been enhanced. It is not possible to infer it from the order of the original authority because he did not give a breakup of how much was the redemption fine for the carpets and how much was for threading bars. Similarly, he did not indicate how much was the fine under section 114(iii) for the carpets and how much was for threading bars. It is found that the mark ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside and the declared value is accepted; (ii) Confiscation of polyester carpets is upheld and the confiscation in respect of the other goods is set aside; (iii) Redemption fine under section 125 of the Customs Act is reduced to Rs. 1,00,000/- and penalty under section 114(iii) is reduced to Rs. 1,00,000/- only; 4. Paragraph 10 of the final order passed by the Tribunal is reproduced below: 10. In the light of entire above discussion, the order under challenge is partly set aside i.e. with respect to the reduction of amount of redemption fine and the penalty with respect to carpets. However, the findings with respect to threading bars are confirmed. The appeal is, accordingly, partly allowed. 5. The application for rectification of mist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eading bars. 9. We find that the market value of the carpets as per the order in original was Rs.99,38,300/-. As per section 125 the redemption fine cannot exceed the market value of the goods but no minimum amount of fine is prescribed. Similarly section 114 (iii) provides for imposition of penalty not exceeding the value of the goods as declared by the exporter or the value as determined under this Act whichever is greater. No minimum penalty has been prescribed. 10. In view of the above, paragraph 10 of the final order dated 02.05.2024 shall be substituted as follows: 10. In the light of entire above discussion, the order under challenge is partly set aside i.e., with respect to the reduction of redemption fine and penalty with respect t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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