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of <h1>Tribunal reduces redemption fine and penalty on imported goods, aligns with precedent.</h1> <h3>SELECTION ENTERPRISES Versus COMMISSIONER OF CUSTOMS, HYDERABAD</h3> SELECTION ENTERPRISES Versus COMMISSIONER OF CUSTOMS, HYDERABAD - 2008 (232) E.L.T. 755 (Tri. - Bang.) Issues:1. Challenge to the revision of declared value and imposition of fine and penalty based on valuation of imported goods.Analysis:1. The Customs Appeal No. 49/2005 challenged the valuation of monitors, mice, etc., imported by the appellants based on a Chartered Accountant's certificate, with a redemption fine of Rs. 2,50,000 imposed.2. Customs Appeal No. 147/2006 involved the revision of value for second-hand electronic parts like computers, CPUs, monitors, etc., to Rs. 7,74,995, leading to confiscation, a redemption fine of Rs. 2,25,000, and a penalty of Rs. 75,000.3. In Customs Appeal No. 148/2006, the value of second-hand monitors, CPUs, photo copier machine, etc., was revised to Rs. 11,16,228, with a redemption fine of Rs. 3,00,000 and a penalty of Rs. 75,000 imposed.4. The appellants challenged the revised values and the fines/penalties. The Counsel referred to various judgments, including one reducing redemption fine and penalty to 10% and 5% in similar cases. The appellants did not contest the value revision but sought a reduction in the fines/penalties.5. The learned DR argued for confirming the redemption fine and penalty since the valuation was not contested by the appellants.6. The Tribunal, after considering submissions, noted that the appellants withdrew the plea challenging valuation. The Tribunal referred to a judgment reducing redemption fine and penalty to 10% and 5% in similar cases. The Tribunal modified the impugned orders, reducing redemption fine and penalty to 10% and 5% of the value of the goods, following the precedent set in similar judgments. The appeals were disposed of accordingly.
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