1997 (10) TMI 239

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.... Shri A.R.S. Kumar, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The appeals are against the common order captioned above of the Commissioner of Customs Mumbai. In all these cases the appellants imported second hand used diesel engines. The Custom House found that the declared value of the diesel engines on examination of the goods was misdeclared and in all the....

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....ne in lieu of confiscation of Rs. 28,25,006/- after enhancing the value declared by the appellants at Rs. 21,22,005/- to Rs. 22,60,005/-. He also imposed a penalty of Rs. 2 lakhs on this appellant. Similarly in respect of the appellant Mahaveer Engineering the assessable value was enhanced from Rs. 22,41,748/- to Rs. 24,53,306/- and the redemption fine of Rs. 9,82,185/- was levied. A penalty of Rs....

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....ines fetch a high margin of profit in the market and that with the nature of the offence the fine and penalty will be justified. Further both the parties agreed that there is an order of this Bench in a similar case of Archana International v. Commissioner of Customs - Order No. 3820/97-WRB, dated 22-9-1997 wherein the Tribunal have reduced the fine in lieu of confiscation in similar circumstances....