2009 (9) TMI 831

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....ondent. ORDER This is an appeal against order-in-appeal No. 26/CUS/LDH/2009 dated 2-6-2009 by which CCE (Appeals), Chandigarh - I upholding the order-in-original dated 18-8-08 passed by the Additional Commissioner, Customs, Ludhiana, enhancing the assessable value of the imported - "used CRT monitors 17" and 19" and old and used P-III computer system with monitor" to Rs. 8,22,300/- ordering ....

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..... 1,78,813/- and that if the redemption fine of Rs. 2,30,000/- and penalty of Rs. 60,000/- is maintained, their loss would further increase and that enhancement of the assessable value levied of the redemption fine and penalty upheld by the impugned order. He, therefore, pleaded for waiver of the redemption fine and penalty and at least redemption. He also pointed out that the order-in-original it....

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....n under Section 111(d) of Customs Act, 1962 and the importer would be liable for penalty under Section 112 ibid and that in view of this, the redemption fine and penalty have been correctly imposed. He also pleaded that the redemption fine of Rs. 2,30,000/- and penalty of Rs. 60,000/- is not too high and that loss offered by the importer on account of payment of duty on the loaded value is of no r....

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....u of confiscation should be sufficiently high to mop up the entire margin of profit. However, in this case, I find that there is no calculation of the quantum of redemption fine in the order-in-original and according to the appellant, they have suffered a loss of Rs. 1,78,813/- excluding the redemption fine and penalty and if the redemption fine and penalty are maintained their losses would increa....