2014 (3) TMI 925

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....MENT Per : Mr. H.K. Thakur; This appeal has been filed by the appellant against OIA No 436/ 2013/cus/commr(A)/ KDL dtd 25/6/2013 under which redemption fine of Rs 70,000/- imposed by the Adjudicating Authority under Sec. 125 of the Customs Act 1962 was enhanced to Rs 1,50,000/- on an appeal filed by the Revenue. 2. Shri R Subramanya (Adv.) appearing of behalf of the appellant argued that ....

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....olved in the present proceedings lies in a narrow compass whether redemption fine once imposed while allowing clearance of imported goods can be enhanced subsequently. Therefore, after allowing the stay application the appeal itself is taken up for disposal. Relevant Sec 125(1) of the Customs Act 1962 under which redemption with respect to confiscated goods is imposed is allowed is reproduced belo....

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....iscated, less in the case of imported goods the duty chargeable thereon. 4.1 From the above provisions of Sec. 125 of the Customs Act 1962 quantum of redemption fine cannot exceed the market price of the confiscated goods less the duty chargeable on the imported goods. In actual practice while imposing redemption fine, the margin of profit of the import is also taken into consideration by the A....