2005 (9) TMI 177

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..... nd filed two Bills of Entry dated 7-12-98 and 21-12-98. The goods were declared as "1/2" (12mm) blank video cassettes suitable for S-VHS Editing application" and the unit price declared was US$ 0.55 per cassette. On the basis of this declaration, the Bills of Entry were assessed and clearance permitted under OGL. Subsequent investigations into the import revealed that the video cassettes were of t .....

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..... Act. The party waived SCN and also paid an amount of Rs. 71,000/-. After giving a personal hearing to them, the Commissioner of Customs passed an order (a) confiscating 40 cassettes under Section 111(d) of the Customs Act with option for redemption on payment of fine of Rs. 1,400/-; (b) imposing a fine of Rs. 1,99,000/- in lieu of confiscation of the remaining cassettes which were not available fo .....

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..... ition of redemption fine. We have to accept this contention and, accordingly, fine of Rs. 1,99,000/- is set aside. Penalties have been imposed under Sections 112(a) and 114(A) on the appellants. The appellants have not challenged the confiscation of 40 cassettes, nor the quantum of fine imposed in lieu of such confiscation. In the circumstances, a penalty under Section 112(a) cannot be resisted. H .....

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