2011 (1) TMI 863

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....   Present for the Respondent : None   PER ARCHANA WADHWA:   Since common issue involved in both these appeals they are being disposed by this common order.   2. Being aggrieved with that part of the impugned order of the Commissioner (Appeals) vide which he has reduced the redemption fine to Rs. 1.20 lacs and penalty to Rs. 20,000/- on the respondents Revenue has f....

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....y, as observed by him in para 11 of his order:-   "However, it is also a fact that the appellant has imported "Old & Used Incomplete Photocopier Incorporating Optical systems-Low Duty" and have not misdeclared the description of goods. They have contested the assessable value determined by the Chartered Engineer as well as market enquiry conducted by the department, without taking them int....

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....eping in view the entire facts wherein the value has been loaded, so as increasing the duty component to Rs. 1 lac approx. and in addition the appellants has suffered the demurrage/detention/grounds charges, I find that there is no much margin of profit left and hence, applying the direct ratio of above case laws especially in the case of M/s. Supreme Enterprises, Delhi, it is held that redemption....