2011 (8) TMI 777

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....of Entry dated 25.4.2007 for clearance of 114 pieces of Old and Used Complete Photocopier Incorporating Optical Systems, Low Duty and Medium Duty.  The assessable value declared was to the tune of Rs. 13,90,383/- . The said consignment was not accompanied by the overseas Chartered Engineer certificate as regards the value, year of manufacture and residuary life of the said goods. 4. The goods were accordingly subjected to first check examination and services of Chartered Engineer were also availed. It was found that the machines were more than seven years old and the residuary life of the same were more than five years.The value of the said goods was ascertained to be Rs.16.10,570/-, based upon the local market enquiries.  It w....

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....00/- and Rs.25,750/- per piece for low duty and medium duty Photocopier Machine by the adjudicating authority. The appellant have produced some VAT paid sale bills/invoices of same items in which market value of low duty Photocopier machine is Rs.10,000/- per piece and Medium duty Photocopier machine is Rs.15,000 per piece.  They have alleged that the market value of the goods taken is thus on the higher side.  They have stated that if enhanced duty paid of Rs.2,400/- for low duty Photocopier machine and Rs.4,400/- for medium duty Photocopier machine, expenditure on account of freight from Mumbai to ICD Ludhiana and Baddi of Rs.500/- for low duty Photocopier machine and Rs.1000/- for medium duty Photocopier machine. Reconditioning....

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....he duty chargeable was around Rs. 5.00 lakhs, the redemption fine up to Rs.17.60 lakhs was imposable on the respondents. However, the original adjudicating authority has imposed lower redemption fine of Rs. 8.75 lakhs by taking a lenient view and Commissioner (Appeals) should not have further reduced the same. 9. We find that the said Section 115 deals with confiscation of conveyance and only lays down the maximum limit for imposing the redemption fine as the market price of goods sought to be smuggled and does not mandate the fixing of redemption fine equivalent to the market price of the goods less duty payable.  For fixing the redemption fine, various factors have to be taken into consideration.  The Commissioner (Appeals) h....