9911796707
TMI Blog1991 (11) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants and giving option to the appellants to retrieve the goods on payment of redemption fine. We allow the appeals, set aside the order of the Appellate Tribunal and direct that the appellants shall pay redemption fine to the extent of 35 per cent of 5 crores which amount has been determined as the redemption fine by the authorities. If the appellants have paid any excess amount the same shall be refunded to them within six weeks, in default the appellants will be entitled to interest at the rate of 15 per cent per annum from the date of this order. X X X X Extracts X X X X X X X X Extracts X X X X ..... al by means of writ petition before this Court which was allowed by an order dated 23rd January, 1990. This Court directed the Tribunal to reconsider the question of quantum of redemption fine in the light of the observations made in the order. Pursuant to the remand the Tribunal reconsidered the matter but refused to grant any relief on the ground that there was no valid reason for reducing the quantum of redemption fine. Hence these appeals. 4. The appellants were directed to pay redemption fine on the premise of having imported goods which were canalised under the Import Policy. The appellant's case has been that they had imported the `industrial coconut oil' bona fide, on the belief that the same was not canalised item. Their plea of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellants' goods at the Port of Bombay and Kandla by the Customs Authorities during the currency of Import Policy 1981-82. The appellants had filed documents to show that their goods had been imported during the currency of the Import Policy of 1981-82 after the `industrial coconut oil' had been canalised. The Tribunal was not justified in ignoring this circumstance which supported the appellant's plea to import the same. It is contended on behalf of the appellants that the respondent-authorities have practised discrimination against the appellants in imposing the redemption fine to the extent of 100 per cent on the price of the imported goods. The learned counsel urged that after the impugned import of the `industrial coconut oil' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rection. In the remand order we had specifically referred to the concession granted to M/s. Jayant Oil Mills Pvt. Ltd. but the Tribunal refused to grant the same concession to the appellants on the ground of the appellants being established export house. This ground for making distinction is not reasonable nor justified. We are, therefore, of the opinion that the appellants are also entitled to the same concession as granted to M/s. Jayant Oil Mills Pvt. Ltd. 8. In view of the above discussion we allow the appeals, set aside the order of the Appellate Tribunal and direct that the appellants shall pay redemption fine to the extent of 35 per cent of Rs. 5 crores which amount has been determined as the redemption fine by the authorities. If t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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