2004 (4) TMI 360

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.... provisional release of the goods, pending the appeal. 2. Having examined the records and heard both sides, we are of the view that, in the facts and circumstance of this case, the appeal itself needs to be disposed of at this stage. Accordingly, after dispensing with the requirement of pre-deposit, we take up the appeal. 3. The appellant had imported a consignment of Old/Used Photocopiers of various models as also components thereof and sought clearance of the goods by filing a Bill of Entry dated 5-11-2003, wherein the value of the goods was declared as Rs. 12,28,177/- (CIF) based on the relevant invoice issued by the foreign supplier. The proper officer of Customs did not accept the declared value (transaction value) for ....

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....ion to redeem the said goods on payment of a fine of Rs. 3,60,000/- (Rupees three lakhs sixty thousand only) under Section 125 of the Customs Act, 1962. (iii)       I impose a penalty of Rs. 2,40,000/- (Rupees two lakhs forty thousand only) on M/s. Sai Shakti Enterprises, Thane under Section 112(a) of the Customs Act, 1962." 4. Heard both sides. Ld. Counsel for the appellants submits that they are not challenging the valuation done by the Commissioner, nor his order of confiscation of the goods. However, Counsel submits, the appellants are aggrieved by the allegedly exorbitant redemption fine and penalty determined by the Commissioner under Sections 125 and 112, respectively, of the Customs Act. Addr....