2009 (11) TMI 741

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.... The facts leading to this appeal are, in brief, are as under :- 1.1 M/s. Kalpa Times owned by Ms. Binita, is a magazine for students preparing for competitive examinations. For printing of the magazine, M/s. Kalpa Times imported 21.732 MTs of light weight coated paper declared to be of less than 70 GSM. The import was through an indenter M/s. Shyam International. On examination of the consignm....

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....demption fine of Rs. 1.5 Lakhs and besides this, also imposed penalty of Rs. 50,000/- each on M/s. Kalpa Times and M/s. K.Shyam International. The Commissioner (Appeals) vide Order-in-Appeal dated 3-4-06 upheld the Jt. Commissioner's order. It is against this Order that the present appeal by M/s. Kalpa Times and M/s. K. Syam International has been filed. 2. Heard both sides. Shri Prabhat Kumar,....

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....ed the examination report, only to avoid demurrage and requested for charging of duty on that basis and adjudication of the matter without any personal hearing or show cause notice, that the redemption fine of Rs. 1,50,000/- and penalty of Rs. 50,000/- each on the importer as well as indenter is very high looking to the fact that this was bona fide import of papers required for magazine meant for ....

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....f these circumstances, there is no infirmity in the impugned order. On being asked, the ld. DR clarified that there is no calculation regarding the margin of profit in respect of the imported goods. 4. I have carefully considered the submissions from both the sides and perused the records. There is no dispute about the fact that the imported goods were coated paper of 90-250 GSM, as this fact h....