2013 (12) TMI 117

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....Heard the learned Deputy Commissioner (AR).None appeared for the respondent in spite of notice. 2.1 The original authority confiscated used electrical goods valued at Rs.17,380/- under Section 111(d) of the Customs Act but allowed the same to be redeemed on payment of fine of Rs. 2,800/- and imposed a penalty of Rs. 500/- under Section 112 (a) of the Customs Act. 2.2 Department filed an appe....

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....act, or     (b) Who acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under Section 111, shall be liable, -         (i) in the case of goods....

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....g the difference between the declared value and the value thereof or five thousand rupees], whichever is the greater;         (iv) in the case of goods falling both under clauses (i) and (iii), to a penalty 7 [not exceeding the value of the goods or the difference between the declared value and the value thereof or five thousand rupees], whichever is the highe....

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....p; (a) If, in a case, the duty involved is only Rs. 2000/-, the penalty under this Section can be any amount up to Rs. 5000/-.     (b) If there is a case of evasion involving Rs. 5 lakhs, the penalty imposed under this Section shall be any amount not exceeding Rs. 5 lakhs. 4.3. When the words used are "not exceeding a particular amount", it does not mean that the amount so spe....