2014 (8) TMI 651

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....JUDGMENT (Delivered by R. Sudhakar,J.) The appellant, who is an importer, has filed this appeal aggrieved against the Final Order No.670 of 2006, dated 31.7.2006, passed by the Customs, Excise and Service Tax Appellate Tribunal (for brevity, the Tribunal ) and the same was admitted on the following substantial questions of law: "1. In the facts and circumstance where the goods were purcha....

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.... as under: The appellant imported Stainless Steel Coil AISI 304 from Belgium and filed a Bill of Entry dated 31.1.2002 claiming exemption from payment of duty under DEEC (Duty Exemption Entitlement Certificate) Scheme. On examination of the goods by the experts from the National Metallurgical Laboratory, Chennai, it was stated that the goods, though apparently are of second quality, still conform ....

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....ner of Customs, the importer filed Bill of Entry for home consumption and obtained clearance of the goods against payment of duty, redemption fine and penalty. However, the importer appealed to the Tribunal challenging the redemption fine and penalty imposed by the Commissioner of Customs. 2.3. The Tribunal was of the view that there is implicit admission by the importer that for the purpose of....

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.... raised is with regard to the quanta of redemption fine and penalty. 4. We find from the order of the Tribunal that the Tribunal has, in fact, been lenient in reducing the redemption fine from Rs. 2,50,000/- to Rs. 1,00,000/- and penalty from Rs. 30,000/- to Rs. 5,000/- in a case of proven mis-declaration of goods with an intention to avail the benefit conferred under DEEC Scheme, which, in our....