2000 (11) TMI 487

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....be only about 100% and if the demurrage charges of Rs. 2.5 lakhs in respect of appellant No. 1 and Rs. 6.75 lakhs in respect of another appellant before him were considered, the margin of profit would further go down to 60%. Therefore, he held that following the case of M/s. General Traders of this Tribunal in Appeal No. 1199/96 and C/697/96, reduced the penalty to Rs. 50,000/- in the present appellant before us and ordered the level of redemption fine to 75% adopted by the Tribunal in the cases relied by him. 2. The Revenue has challenged this reduction of redemption fine to 75% as unwarranted and have made a plea that it should be 292% and submit that the reduction by the Commissioner (Appeals) of the redemption fine is purely dis....

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....ional Commissioner. 3. We have heard Ld. DR Shri S. Sudarsan who submitted that the case of General Traders is applicable for the commodity "cassia" and not Poppy seeds and therefore margin of profit of another commodity cannot be applied for determining the margin of profit in the case of poppy seeds of Pakistani origin. He further reiterated the grounds taken in appeal and submitted that the order should be set aside and the Additional Commissioner's order restored. 4. Ld. Advocate Shri A.K. Jayaraj submits that for the subject period of imports in this case, i.e. 1996 from the same Tuticorin port, there are a number of orders from this Tribunal wherein redemption fine on similar imports of poppy seeds have been determined....