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of <h1>Tribunal modifies penalties & fines, citing lack of show cause notice and absence of profit motive</h1> <h3>Mgm Tradelink Pvt Ltd Versus C.C. -Kandla</h3> Mgm Tradelink Pvt Ltd Versus C.C. -Kandla - TMI Issues involved:The issues involved in the judgment include rejection of refund claim, finality of assessment, classification of goods, imposition of redemption fine and penalty, lack of mens rea, market inquiry for redemption fine, imposition of penalty under Section 112(a), and reduction of redemption fine.Rejection of refund claim:The appellant's refund claim was rejected as the assessment order was unchallenged, leading to the denial of the refund under Section 190B of Notfn No.21/2002-Cus. The rejection was upheld by the Commissioner of Customs(Appeal) and CESTAT based on the finality of the assessment order.Classification of goods and imposition of penalties:The Additional Commissioner rejected the classification of goods and imposed a redemption fine, differential duty, and penalty under Section 114A of the Customs Act, 1962. The Commissioner (Appeal) later reduced the redemption fine and modified the penalty under Section 112(a) of the Customs Act, 1962, citing lack of mens rea and lack of due diligence by the appellant.Appeal against penalties and fines:The appellant challenged the penalties imposed, arguing that they were not given an opportunity to rebut the penalty under Section 112(a). The appellant also contested the high redemption fine, claiming that a market inquiry was necessary before imposing such a fine. The appellant raised concerns about the modification of penalties by the Commissioner and the lack of proper justification for the imposition of penalties and fines.Judicial scrutiny and decision:The Tribunal found that the imposition of penalties under Section 112(a) was improper due to the lack of a show cause notice and full opportunity for the appellant to justify the penalties. The Tribunal also noted the absence of a market inquiry for determining the redemption fine but considered the accepted transaction value and lack of deliberate misdeclaration in reducing the redemption fine to a reasonable level.Final decision and modification:Considering the facts of the case and the absence of profit motive in the import, the Tribunal reduced the redemption fine to Rs. 4 Lakhs and set aside the penalty imposed under Section 112(a). The Tribunal upheld the confiscation of offending goods but found the penalties imposed to be excessive, leading to the partial allowance of the appeal.Separate Judgment by the Judges:No separate judgment was delivered by the judges in this case.
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