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of <h1>Tribunal upholds redemption fine on dates for food standard violation, rejects appeal decision.</h1> <h3>COMMISSIONER OF CUSTOMS, COCHIN Versus AFZAL AGENCY</h3> The Tribunal upheld the imposition of a redemption fine on imported dates that did not meet food standards, rejecting the Commissioner (Appeals)' decision ... Redemption fine - Imposition of Issues:1. Imposition of redemption fine on imported dates not conforming to food standards.2. Interpretation of law regarding imposition of fine after re-export permission granted.Analysis:1. The case involved a dispute regarding the imposition of a redemption fine on imported dates of Iranian origin that did not conform to food standards as per the Prevention of Food Adulteration Act, 1954. The Port Health Officers found the dates to be infected with insects, leading to the confiscation of the goods and the imposition of a fine by the original authority. However, the Commissioner (Appeals) modified the order by setting aside the redemption fine after the goods were granted permission for re-export. The Revenue challenged this decision.2. The Tribunal considered the arguments presented by both sides. The Revenue contended that the violation of law justified the imposition of redemption fine and penalty, citing a judgment by a Larger Bench in a similar case. The Revenue highlighted that the original fine imposed was minimal, being only 10% of the value of the goods. The Tribunal agreed with the Revenue, stating that the imported dates clearly violated food standards and were liable for confiscation. The Tribunal found the Commissioner (Appeals) decision not in line with the law and referred to the Larger Bench's judgment to support setting aside the modification. The Tribunal concluded that there was no basis for reducing the redemption fine and allowed the Revenue's appeal, confirming the Order-in-Original.This detailed analysis of the judgment highlights the issues of imposition of redemption fine and the interpretation of the law in the context of the case, providing a comprehensive understanding of the legal reasoning and decision-making process involved.
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