1998 (9) TMI 488

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.... Advocate, for the Respondent. [Order per : K.S. Venkataramani, Vice President]. -  The appeal has been filed by the Commissioner of Customs, Mumbai on a direction by the Central Board of Excise & Customs under Section 129D of the Customs Act, 1962 seeking to review the order-in-original dated 31-10-1986 passed by the Collector of Customs, Mumbai. The Respondents imported a consignment ....

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....re to R.K. Impex, Calcutta, who in turn had transferred it to Leela Enterprises, Bombay and from Leela Enterprises it was transferred to M/s. Modern Supply Co. The Respondent purchased the licence from Modern Supply Company on payment of a premium of 22%. The enquiry revealed that the transfer letter of 29-3-1985 transferring the licence to Modern Supply Company was a forged one. The transfer of t....

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....the goods relevant for fixing the redemption fine was 100%. Therefore the ld. DR contended that the Commissioner erred in fixing a lower redemption fine and contended that it should be enhanced. 3. Shri J.C. Patel, the learned Counsel for the Respondent pointed out that the Commissioner has given reason for the level of redemption fine as due to the fact that the consignment have incurred ....

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....een considered. So far as the department's appeal is considered, we find that the Commissioner in the impugned order has given his reasoning for levying the redemption fine by observing that "while fixing the redemption fine, I have taken into account, the amount, the period of detention of the goods and the demurrage which the importer will be required to pay". This reasoning for a lower redempti....