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Issues: Whether the redemption fine and penalty imposed on import of old and used rollers for rolling mills were excessive and required reduction.
Analysis: The imported rollers were held not to be capital goods on a strict reading of the Exim Policy, but they were classified under the machinery chapter and were used as parts of rolling mills for production and manufacture. The declarations regarding description and value were found to be correct, and there was no discrepancy in the import particulars. In view of the nature of the goods, their use, and the assessed value, the originally imposed fine and penalty were considered on the higher side.
Conclusion: The redemption fine and penalty were reduced substantially, resulting in only partial relief to the assessee.