2008 (2) TMI 728

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....i D.P. Mukhopadhya, JDR, for the Respondent. [Order]. -  This appeal is filed by the appellant against the de novo Order No. CC-(MKG) 22/2006 ADJ-ACC, dated 2-1-2007 of the ld. Commissioner. 2. This is second round of litigation and in the first round of litigation, the adjudicating authority had absolutely confiscated the Sandalwood oil. The majority decision has set aside the ....

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....ve. 4. The ld. JDR on the other hand would contend that the export of Sandalwood oil requires special licence the ld. Commissioner has not given any findings that the value is accepted. It is his submission that despite this the imposition of redemption fine of Rs. 5 lakhs is justifiable as the value of the consignment at the time of seizure of Rs. 25.0 lakhs, and there was mis-declaration....

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....e through the records of this case as well as submissions of Mrs. Naseem Mehmood Patni, proprietor of M/s. Universal Traders. The only question to be decided in this case as per Tribunal's order is fixation of the quantum of redemption fine in respect of confiscated goods. I find that as per the show cause notice, the value of the consignment in question was Rs. 25,23,750/- (LMV). Section 125(1) o....

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....eon". From the above, it is clear that fine in lieu of confiscation cannot exceed the market price. The goods were seized in September, 2003. The Proprietor of M/s. Universal Traders has stated that she would not be able to get Rs. 7-8 lakhs and further the value of the goods had depreciated.  Taking into consideration various aspects. I fix the fine in lieu of confiscation at Rs. 5,00,....