Tribunal reduces redemption fine and penalty in appeal decision. The Tribunal partially allowed the appeal by modifying the impugned order, reducing the redemption fine from 6 Lakhs to 2 Lakhs and the penalty from 4 ...
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Tribunal reduces redemption fine and penalty in appeal decision.
The Tribunal partially allowed the appeal by modifying the impugned order, reducing the redemption fine from 6 Lakhs to 2 Lakhs and the penalty from 4 Lakhs to 1 Lakh.
Issues: Mis-declaration of goods leading to confiscation, amendment of shipping bills, determination of redemption fine and penalty.
In this case, the appellant had filed shipping bills describing goods inaccurately, leading to misdeclaration of value and description for availing excess drawback amount. The department initiated proceedings and ordered confiscation of goods under Section 113(i) of the Customs Act, 1962. However, the appellant later requested amendments to the shipping bills, which were allowed, and the FOB value was re-determined by the department based on the new information provided. The goods were ultimately allowed for exportation based on the appellant's request. Considering these circumstances, the Tribunal found that the redemption fine and penalty imposed could be reduced in the interest of justice. Consequently, the Tribunal partially allowed the appeal by modifying the impugned order, reducing the redemption fine from &8377; 6 Lakhs to &8377; 2 Lakhs and the penalty from &8377; 4 Lakhs to &8377; 1 Lakh. The appeal was disposed of accordingly.
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